Bariha @ Gedu vs State Of Odisha
2023 Latest Caselaw 12223 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.1047 of 2023

              Bariha @ Gedu                        ....      Appellant/
                                                           Petitioner

                                   Ms.Pratyusha Naidu, Advocate

                                       -versus-

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

                                   Mr.Arupananda Das,
                                   Addl. Government Advocate

                                    CORAM:
                               JUSTICE S.K. SAHOO
                                   ORDER

Order No. 09.10.2023 I.A. No.2277 of 2023

01. This matter is taken up through Hybrid arrangement (video conferencing/physical Mode).

This is an application for condonation of delay of three days in preferring the appeal.

After going through the averments taken in the interim application and on hearing the learned counsel for both the parties, since it is a case where substantive sentence of four years has been imposed on the petitioner, I am inclined to condone the delay in filing the CRLA.

Accordingly, delay is condoned. I.A. is accordingly disposed of.

( S.K. Sahoo) Judge P.T.O.

// 2 //

CRLA No.1047 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 I.A. No. 2279 of 2023

02. This is an application for grant of bail.

The appellant-petitioner Bariha @ Gedu has been convicted under sections 363/354-A of the Indian Penal Code and section 8 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo rigorous imprisonment for a further period of three months for the offence under section 354 of the Indian Penal Code and no separate sentence has been passed for the offence under section 363 of the Indian Penal Code and section 8 of the POCSO Act by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Balangir in Special G.R. Case No. 22 of 2017.

Learned counsel for the petitioner submitted that the petitioner was on bail during trial and he never misutilized the liberty granted to him.

Learned counsel for the State opposed the prayer for bail.

// 3 //

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 misutilized 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 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.2278 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 appellant-petitioner pursuant to the judgment and order dated 20.07.2023 passed by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Balangir in Special G.R. Case No. 22 of 2017 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue urgent certified copy as per Rules.

                                                                ( S.K. Sahoo)
 Signature Not Verified                                           Judge
 Digitally Signed
PKSahoo
 Signed by: PRAMOD KUMAR SAHOO
 Reason: Authentication
 Location: HIGH COURT OF ORISSA
 Date: 10-Oct-2023 10:35:43