Rabindra Naik vs State Of Odisha
2023 Latest Caselaw 13016 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.294 of 2023

              Rabindra Naik                           ....     Appellant/
                                                             Petitioner

                                     Mr. Sougat Dash, 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.639 of 2023
   07.               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.

Perused the impugned judgment. The appellant-petitioner has been convicted for the offence punishable under section 376(2)(l) of the I.P.C. and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.5,000/-(rupees five thousand), in default, to undergo rigorous imprisonment for a further period // 2 //

of six months by the learned Addl. Sessions Judge, Rairangpur, Mayurbhanj vide judgment and order dated 13th December 2022 in S.T. Case No.63 of 2021.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 01.08.2021 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.1) and the doctor (P.W.8) 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

sipun

Signature Not Verified Digitally Signed

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Oct-2023 15:30:01