Orissa High Court
Subhankar Paul vs State Of Odisha on 20 November, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1230 of 2023
Subhankar Paul .... Appellant
Mr. B.P. Pradhan, Advocate
-versus-
State of Odisha .... Respondent
Mr. Arupananda Das
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 20.11.2023
CRLA No.1230 of 2023
01. This matter is taken up through Hybrid Arrangement
(Video Conferencing/Physical Mode).
Mr. Abhaya Kumar Parida, learned counsel and his
associates have filed power on behalf of the informant,
which is taken on record.
Let a copy of the appeal memo along with the copies
of the interim applications be served on the learned
counsel for the informant by tomorrow (21.11.2023).
The names of Mr. Abhaya Kumar Parida, learned
counsel and his associates shall be reflected in the cause
list as well as at the top of the brief henceforth.
Heard.
Admit.
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Call for the trial Court record.
( S.K. Sahoo)
Judge
I.A. No.2730 of 2023
02. Heard learned counsel for the appellant-petitioner
and learned counsel for the State.
This is an application for bail.
The appellant-petitioner has been convicted for the
offences punishable under section 354-B of the I.P.C.
and section 8 of the POCSO Act and sentenced to
undergo R.I. for a period of seven years and to pay a
fine of Rs.50,000/- (rupees fifty thousand), in default, to
undergo R.I. for a further period of one year for the
offence under section 354-B of the I.P.C. and no
separate sentence has been awarded for the offence
under section 8 of the POCSO Act by the learned Ad-hoc
Addl. Sessions Judge (F.T.S.C. II) under POCSO Act,
Bhubaneswar vide judgment and order dated 18th
October 2023 in T.R. Case No.2594 of 2018.
Learned counsel for the petitioner submitted that
out of seven years of substantive sentence imposed by
the learned trial Court, the petitioner has already
undergone four years and eleven months of sentence
and he was not released on bail during trial. In support
of his contention, learned counsel has annexed the
custody certificate to the interim application. Learned
counsel further submitted since there is no chance of
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early hearing of the appeal in the near future and
balance of convenience is in favour of the petitioner, the
bail application of the petitioner may be favourably
considered.
Learned counsel for the State as well as learned
counsel for the informant opposed the prayer for bail.
Considering the submissions made by the learned
counsel for the respective parties, the nature of evidence
adduced by the prosecution during trial, the sentence
imposed by the learned trial Court, the sentence already
undergone by the petitioner in judicial custody and
absence of chance of early hearing of the appeal in the
near future, I am inclined to release the petitioner on
bail.
Let the appellant-petitioner be released on bail
pending disposal of the appeal on furnishing bail bond of
Rs.50,000/-(rupees fifty thousand) with two solvent
sureties each for the like amount to the satisfaction of
the learned trial Court.
The I.A. is disposed of.
( S.K. Sahoo)
Judge
I.A. No.2729 of 2023
03. This is an application for stay of realization of fine.
Heard.
Considering the submissions made by the learned
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counsel for the parties, let there be stay of realization of
fine amount imposed on the appellant-petitioner pursuant
to the judgment and order dated 18th October 2023
passed by the learned Ad-hoc Addl. Sessions Judge
(F.T.S.C. II) under POCSO Act, Bhubaneswar in T.R. Case
No.2594 of 2018 pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
sipun
Signature Not Verified
Signed by: SIPUN BEHERA
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 21-Nov-2023 12:52:56
