Orissa High Court
Baba @ Surubabu @ Ujjal vs State Of Odisha on 16 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.278 of 2017
Baba @ Surubabu @ Ujjal .... Appellant/
Kumar Nath Petitioner
Mr. S.K. Dwibedi, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Arupananda Das
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 16.10.2023
23. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Perused the prisoner's petition in which the
appellant has prayed to engage Mr. S.K. Dwibedi as
his Advocate.
Mr. S.K. Dwibedi, learned counsel and his
associate have also filed vakalatnama on behalf of the
appellant, which is accepted and taken on record.
The names of Mr. Madan Mohan Das, learned
counsel and his associates shall not be reflected for
the appellant in the cause list henceforth.
The names of Mr. S.K. Dwibedi, learned counsel
and his associates shall be reflected in the cause list
// 2 //
as well as at the top of the brief.
( S.K. Sahoo)
Judge
I.A. No.1132 of 2023
24. This is an application for interim bail.
Learned counsel for the appellant-petitioner
submits that he does not want to press this interim
application.
Accordingly, the I.A. stands disposed of as not
pressed.
( S.K. Sahoo)
Judge
Misc. Case No.739 of 2017
25. This is an application under Section 389 of
Cr.P.C. for grant of bail.
Heard.
The appellant-petitioner has been convicted
under sections 365/366/376(2)(i)(l)/376-D of the
Indian Penal Code and section 6 of the POCSO Act and
sentenced to undergo R.I. for a period of five years
and to pay a fine of Rs.5,000/- (rupees five
thousand), in default, to undergo further R.I. for a
period of six months for the offence under section 365
of the Indian Penal Code, R.I. for a period of five
// 3 //
years and to pay a fine of Rs.5,000/- (rupees five
thousand), in default, to undergo further R.I. for a
period of six months for the offence under section 366
of the Indian Penal Code, R.I. for a period of ten years
and to pay a fine of Rs.10,000/- (rupees ten
thousand), in default, to undergo further R.I. for a
period of one year for the offence under section
376(2)(i)(l) of the Indian Penal Code and R.I. for a
period of twenty years and to pay a fine of
Rs.20,000/- (rupees twenty thousand), in default, to
undergo further R.I. for a period of two years for the
offence under section 376-D of the Indian Penal Code
and no separate punishment is awarded under section
6 of the POCSO Act in view of section 42 of the
POCSO Act and all the substantive sentences were
directed to run consecutively by the learned 1st
Additional Sessions Judge -cum- Presiding Officer,
Children's Court, Mayurbhanj, Baripada in C.T. Case
No.13 of 2015 (T.C. No.231 of 2016).
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner has already remained in judicial custody
for eight years out of twenty years of substantive
sentence imposed on him by the learned trial Court
and thrice he has been granted interim bail by this
Court and after availing the same, he surrendered at
right time.
// 4 //
Learned trial Court has also reported vide letter
dated 27.09.2023 regarding the timely surrender of
the petitioner before the Court after availing the
interim bail period.
Learned counsel for the State has produced the
custody certificate from which it also reveals that the
petitioner has undergone more than eight years of
sentence.
Considering the submissions made by the
learned counsel for the respective parties, the conduct
of the petitioner in complying with the earlier orders
of interim bail and in view of the available materials
on record particularly the evidence of the victim as
P.W.5, while not inclining to release the petitioner on
bail on merit, but taking into account the period of
detention of the petitioner in judicial custody and
absence of any chance of early hearing of the appeal
in the near future, I am inclined to release the
petitioner on interim bail for a period of three months
from the date of release and the petitioner shall
surrender before the learned trial Court immediately
on expiry of the three months period.
For the above period, let the appellant-petitioner
be released on interim bail in the aforesaid case on
furnishing bail bond of Rs.50,000/- (rupees fifty
thousand) with two local solvent sureties each for the
like amount to the satisfaction of the learned trial
// 5 //
Court subject to conditions that he shall not try to
come in contact with the victim or her family
members and shall not indulge in any criminal
activities in any manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
The Misc. Case is disposed of accordingly.
( S.K. Sahoo)
Judge
CRLA No.278 of 2017
26. List this matter in the week commencing from
12.02.2024. Learned counsel for the appellant shall
produce the surrender certificate of the appellant on
the next date.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
Signature Not Verified
Digitally Signed
Signed by: RABINDRA KUMAR MISHRA
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 18-Oct-2023 13:37:18
