Rama Krushna Behera vs State Of Odisha
2023 Latest Caselaw 15140 Ori

Orissa High Court

Rama Krushna Behera vs State Of Odisha on 28 November, 2023

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.1248 of 2023

              Rama Krushna Behera                 ....     Appellant/
                                                         Petitioner

                                    Mr. Satyabrata Mohanty,
                                    Advocate

                                      -versus-

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

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

Order No.                           28.11.2023
                              CRLA No.1248 of 2023

   01.            This     matter    is   taken    up    through   Hybrid

arrangement (video conferencing/physical mode).

Heard.

Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge

02. This is an application under section 389 of Cr.P.C.

for grant of bail.

Heard.

// 2 //

Perused the impugned judgment. The appellant-petitioner has been convicted for the offences punishable under sections 354-A(2)/506 of the I.P.C. and section 10 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of two years for the offence under section 354-A(2) of the I.P.C., to undergo rigorous imprisonment for a period of one year for the offence under section 506 (Part-1) of the I.P.C. and to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.6,000/- (Rupees six thousand), in default, to undergo rigorous imprisonment for a further period of three months for the offence under section 10 of the POCSO Act and the substantive sentences were directed to run concurrently by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Berhampur, Ganjam in G.R. Case No.111 of 2016/T.R. No.144 of 2022.

Considering the submissions made by the learned counsel for the respective parties, the sentence imposed by the learned trial Court, the fact that the petitioner was on bail during trial and there is no allegation that he has misutilised the liberty 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

// 3 //

sureties each for the like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

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 appellant-petitioner pursuant to the judgment and order dated 04.11.2023 passed by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Berhampur, Ganjam in G.R. Case No.111 of 2016/T.R. No.144 of 2022 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge Sipun

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Nov-2023 18:03:18