Orissa High Court
Jalandhar Kumbhar vs State Of Odisha on 18 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.843 of 2022
Jalandhar Kumbhar .... Appellant/
Petitioner
Mr. Trilochan Nanda, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Rajesh Tripathy
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 18.10.2023
I.A. No.2201 of 2023
06. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application under section 389 Cr.P.C. for
grant of bail.
Heard the learned counsel for the petitioner and
learned counsel for the State.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the
offence under section 376(2)(i)(j)(l) of the I.P.C. and
section 6 of the POCSO Act and sentenced to undergo
R.I. for a period of ten years and to pay a fine of
Rs.50,000/-(rupees fifty thousand), in default, to
undergo R.I. for a period of six months for the offence
// 2 //
under section 376(2)(i)(j)(l) of the I.P.C. and in view of
section 42 of the POCSO Act, no separate sentence has
been awarded for the offence under section 6 of the
POCSO Act by the learned Addl. Sessions Judge -cum-
Special Court under (POCSO Act), Balangir in Special
G.R. Case No.23 of 2016.
Learned counsel for the petitioner submitted that the
petitioner was taken into judicial custody in connection
with this case on 11.05.2016 and twice he has been
granted interim bail by this Court vide order dated
31.10.2022 and 19.05.2023 passed in I.A. No.1586 of
2022 & I.A. No.1217 of 2023 respectively and each time
after availing the same, he surrendered at right time.
Learned counsel further submitted that he was never
released on bail during trial and since paper books have
not been prepared and there is no chance of early hearing
of appeal in the near future, the bail application of the
petitioner may be favourably considered.
Learned counsel for the State, on the other hand,
raised no serious objection.
Considering the submissions made by the learned
counsel for the respective parties, the substantive
sentence imposed by the learned trial Court and the
period already undergone by the petitioner in judicial
custody and absence of any chance of early hearing of
the appeal in the near future, while not inclining to
release the petitioner on bail on merit but in view of the
// 3 //
nature of evidence adduced, I am inclined to release him
on interim bail for a period of three months from the date
of release. The petitioner shall immediately surrender
before the learned Court below on expiry of the said three
months period.
For the above period, let the petitioner be released
on interim bail to the satisfaction of the learned trial
Court in connection with 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 Court in seisin over the matter
including the conditions that he shall not indulge in any
criminal activities.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
CRLA No.843 of 2022
07. List this matter in the week commencing from 29th
January 2024.
Learned counsel for appellant shall file the surrender
certificate of appellant by the next date.
( S.K. Sahoo)
Judge
Sipun
Signature Not Verified
Digitally Signed
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 19-Oct-2023 15:30:00
