Orissa High Court
Kalia @ Sridhara Mallick vs State Of Odisha on 17 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.431 of 2018
Kalia @ Sridhara Mallick .... Appellant/
Petitioner
Mr. Arijeet Mishra, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.B. Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 17.10.2023
10. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Though it is mentioned in the cause list that
welfare fund fee of Rs.1,000/- has not been received,
but it appears that the learned counsel for the
appellant has filed a memo dated 02.11.2022 along
with money receipt of the High Court Bar Association,
Cuttack showing deposit of Rs.1,000/-.
( S.K. Sahoo)
Judge
I.A. No.1060 of 2018
11. Heard learned counsel for the petitioner and
learned counsel for the State.
// 2 //
This is an application under section 389 Cr.P.C.
for grant of bail.
The appellant-petitioner has been convicted for
the offence punishable under section 376(D) of the
I.P.C. and section 4 of the POCSO Act and sentenced
to undergo rigorous imprisonment for a period of
twenty years and to pay a fine of Rs.5,000/-(rupees
fifty thousand), in default, to undergo rigorous
imprisonment for a further period of six months for
the offence under section 376(D) of the I.P.C. and to
undergo rigorous imprisonment for a period of seven
years and to pay a fine of Rs.30,000/-(rupees thirty
thousand), in default, to undergo rigorous
imprisonment for a further period of four months for
the offence section 4 of the POCSO Act and both the
substantive sentences were directed to run
concurrently by the learned Sessions Judge -cum-
Special Judge, Jajpur vide judgment and order dated
30th August 2016 in Special G.R. Case No.799 of
2013.
Considering the submission made by the learned
counsel for the petitioner that the petitioner is in
judicial custody since 19.10.2013 and ten years is
going to be completed within a few days, which is half
of the substantive sentence imposed by the learned
trial court and there is no chance of early hearing of
the appeal in the near future and after going through
// 3 //
the evidence of the victim (P.W.2) & the doctor
(P.W.12) and on hearing learned counsel for the
State, 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 with such terms
and conditions as the learned Court may deem just
and proper.
The I.A. is accordingly disposed of.
( S.K. Sahoo)
Judge
I.A. No.1061 of 2018
12. Heard.
Let there be stay of realization of fine amount
imposed on the appellant-petitioner pursuant to the
judgment and order dated 30th August 2016 passed
by the learned Sessions Judge -cum- Special Judge,
Jajpur in Special G.R. Case No.799 of 2013 pending
disposal of the criminal appeal.
The I.A. is disposed of.
Urgent certified copy of this order be granted as
per rules.
( S.K. Sahoo)
Judge
sipun
Signature Not Verified
Digitally Signed
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 18-Oct-2023 13:57:34
