Purna @ Purna vs State Of Odisha
2023 Latest Caselaw 12226 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.1093 of 2023

                1. Purna @ Purna
                   Chandra Dhala
                2. Kumari Laxmi Dhala          ....      Appellants/
                                                       Petitioners

                                 Mr. J.K. Panda, Advocate

                                    -versus-

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

                                Mr. Rajesh Tripathy
                                Addl. Standing Counsel
                                  CORAM:
                             JUSTICE S.K. SAHOO
                                   ORDER

Order No.                        09.10.2023
                          CRLA No.1093 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.2385 of 2023

02. This is an application for bail.

Heard the learned counsel for the petitioners and learned counsel for the State.

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The appellants-petitioners have been convicted under sections 341/323/354/34 of the Indian Penal Code and sections 8 and 17 of the POCSO Act and sentenced to undergo simple imprisonment for a period of one month each for the offence under section 341/34 of the Indian Penal Code, to undergo rigorous imprisonment for a period of six months each and to pay a fine of Rs.500/- (rupees five hundred) each, in default to undergo R.I. for a further period of fifteen days for the offence under section 323/34 of the Indian Penal Code, to undergo rigorous imprisonment for a period of four years each and to pay a fine of Rs.500/- (rupees five hundred) each, in default to undergo R.I. for a further period of two months each for the offence under section 354/34 of the Indian Penal Code. The appellant no.1 Purna @ Purna Chandra Dhala is further sentenced to undergo R.I. for a period of four years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for two months for the offence under section 8 of the POCSO Act and the appellant no.2 Laxmi Dhala is further sentenced to undergo rigorous imprisonment for a period of four years and to pay a fine of Rs.5,000/- (rupees five thousand), in default, to undergo further R.I. for two months for the offence under sections 8 and 17 of the POCSO Act and all the sentences were directed to run concurrently by the learned Addl. Sessions Judge -cum-Children's Court,

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Sonepur in Special G.R. Case No.260 of 2015.

Learned counsel for the petitioners submitted that the petitioners were on bail and there is no allegation regarding misutilization of their liberty. He further submitted that there is no likelihood of early hearing of the appeal in the near future and balance of convenience lies in their favour and therefore, the bail application of the petitioners may be favourably considered.

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 during trial, the substantive sentence imposed on the petitioners, the fact that they were on bail and there is no allegation that they have misutilized the liberty and absence of any 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 solvent sureties each for the like amount to the satisfaction of the learned trial Court with such terms and conditions as the learned Court may deem just and proper including the condition that they shall not indulge in any criminal activities. Violation of any of the

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conditions shall entail cancellation of bail.

The I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.2384 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 26.08.2023 passed by the learned Addl. Sessions Judge -cum- Children's Court, Sonepur in Special G.R. Case No.260 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 PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 10-Oct-2023 10:35:42