Orissa High Court
Rakesh Mahana vs State Of Odisha on 17 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.337 of 2018
Rakesh Mahana .... Appellant/
Petitioner
Mr. Niranjan Panda, 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
I.A. No.830 of 2018
08. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 389 Cr.P.C.
for grant of bail.
The appellant-petitioner has been convicted for
the offences punishable under sections 376(2)(i)
/376(2)(h) of the I.P.C. and sections 4/6 of the
POCSO Act and sentenced to undergo rigorous
imprisonment for a period of ten years and to pay a
fine of Rs.3,000/-(rupees three thousand), in default,
// 2 //
to undergo rigorous imprisonment for a further
period of six months for the offence under section
376(2)(h) of the I.P.C. and to undergo rigorous
imprisonment for a period of ten years and to pay a
fine of Rs.3,000/-(rupees three thousand), in default,
to undergo rigorous imprisonment for a further
period of six months for the offence under section
376(2)(i) of the I.P.C. and in view of section 42 of
the POCSO Act, no separate sentence has been
awarded for the offences punishable under sections
4/6 of the POCSO Act and both the substantive
sentences were directed to run concurrently by the
learned Addl. Sessions Judge -cum- Special Judge,
Boudh vide judgment and order dated 31.03.2018 in
Special Case No.37/2014 (POCSO Act).
Considering the submission made by the
learned counsel for the petitioner that the petitioner
is in judicial custody since 22.04.2017 as such, he
has already undergone six years and five months of
sentence out of ten years 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
the evidence of the victim (P.W.3) 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
// 3 //
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.832 of 2018
09. Heard.
Let there be stay of realization of fine amount
imposed on the appellant-petitioner pursuant to the
judgment and order dated 31.03.2018 passed by the
learned Addl. Sessions Judge -cum- Special Judge,
Boudh in Special Case No.37/2014 (POCSO Act)
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 13:57:33
