Bulu Patra vs State Of Odisha
2023 Latest Caselaw 15058 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.1208 of 2023

              1. Bulu Patra                    ....      Appellants/
              2. Rudra Dehury                          Petitioners

                                 Mr. S.K. Pattnaik, Advocate

                                    -versus-

              State of Odisha                  ....     Respondent/
                                                       Opp. Party

                                 Mr. Arupananda Das
                                 Addl. Government Advocate
                                 CORAM:
                           JUSTICE S.K. SAHOO
                                   ORDER

Order No. 20.11.2023 CRLA No.1208 of 2023

01. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

Heard.

Admit.

Call for the trial Court record.

( S.K. Sahoo) Judge I.A. No.2666 of 2023

02. Heard learned counsel for the appellants-petitioners and learned counsel for the State.

This is an application for bail. The appellants-petitioners have been convicted for the offences punishable under section 354/34 of the // 2 //

I.P.C. read with section 8 of the POCSO Act and sentenced each of them to undergo R.I. for a period of three years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo R.I. for a period of two months for the offence under section 354/34 of the I.P.C. read with section 8 of the POCSO Act by the learned Ad-hoc Addl. Sessions Judge (F.T.S.C.), Keonjhar vide judgment and order dated 20.10.2023 in Spl. Case No.293/125 of 2016-2015/T.C. No.64/179 of 2021/2017/Spl. Case No.125 of 2015.

Learned counsel for the petitioners submitted that the petitioners were on bail during trial and have never misutilized the liberty granted to them and therefore, the petitioners may be directed to be released on bail pending disposal of the appeal.

Learned counsel for the State, on the other hand, 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 fact that the petitioners were on bail during trial and absence of chance of early hearing of the appeal in the near future, I am inclined to release the petitioners on bail.

Let the appellants-petitioners be released on bail pending disposal of the appeal on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) each with two

// 3 //

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.2667 of 2023

03. This is an application for stay of realization of fine.

Heard.

Considering the submissions made by the learned counsel for the parties, let there be stay of realization of fine amount imposed on the appellants-petitioners pursuant to the judgment and order dated 20.10.2023 passed by the Ad-hoc Addl. Sessions Judge (F.T.S.C.), Keonjhar in Spl. Case No.293/125 of 2016-2015/T.C. No.64/179 of 2021/2017/Spl. Case No.125 of 2015 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