Tufan Kishor Das @ Bapun vs State Of Odisha
2023 Latest Caselaw 12289 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.1125 of 2023

              Tufan Kishor Das @ Bapun ....                  Appellant/
                                                           Petitioner

                                  Mr. A.R. Panda, Advocate.

                                      -versus-

              State of Odisha                       ....
                                                     Respondent/
                                                    Opp. Party
                                  Mr. Priyabrata Tripathy,
                                  Additional Standing Counsel


                                   CORAM:
                              JUSTICE S.K. SAHOO
                                     ORDER

Order No. 10.10.2023

CRLA No. 1125 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.2457 of 2023

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

This is an application for bail. The appellant-petitioner has been convicted under // 2 //

sections 363/366 of the IPC and sentenced to undergo rigorous imprisonment for a period of three years and to pay a fine of Rs.3,000/- (rupees three thousand) and in default, to undergo rigorous imprisonment for a further period of one year for the offence under section 366 of the IPC and to undergo R.I. for a period of two years and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo R.I. for a further period of one year for the offence under section 363 of the IPC and all the sentences were directed to run concurrently by the learned Additional Sessions Judge - cum- Special Court under POCSO Act, Balasore in Special Case No.104 of 2014.

Learned counsel for the petitioner submitted that initially the petitioner was taken into judicial custody on 24.07.2014 and he was released on bail on 12.05.2015 and again he was again taken into judicial custody on 24.08.2023 and as such he has remained in custody for about eleven months which would be evident from accused details furnished in second page of the impugned judgment. Therefore, the bail application of the petitioner may be favouraly considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial and absence of any 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

// 3 //

Rs.50,000/- (rupees fifty thousand) 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.

Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

(S.K. Sahoo) Judge

I.A. No.2458 of 2023

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

Heard.

There shall be stay of realization of fine amount imposed on the appellant-petitioner by the learned trial Court pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

(S.K. Sahoo) Judge

amit

Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Oct-2023 17:22:19