Sankarshan Das @ Malik & vs State Of Odisha &
2023 Latest Caselaw 11172 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.724 of 2023

              Sankarshan Das @ Malik                &.   Appellant/
                                                         Petitioner

                                  Mr. N.K. Panda, Advocate

                                      -versus-

              State of Odisha                       &.   Respondent/
                                                           Opp. Party

                                  Mr. Manoranjan Mishra
                                  Addl. Standing Counsel

                                   CORAM:
                              JUSTICE S.K. SAHOO

                                    ORDER

Order No. 12.09.2023

02. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard Mr. Nirmal Kumar Panda, learned counsel for the appellant appearing in Virtual High Court at Balasore.

Admit.

Call for the trial Court record.

( S.K. Sahoo) Judge

I.A. No.1532 of 2023

03. This is an application under Section 389 of Cr.P.C. for grant of bail.

Heard.

// 2 //

The appellant-petitioner has been convicted under section 8 of the POCSO Act and section 448 of the Indian Penal Code and sentenced to undergo R.I. for a period of three years and to pay a fine of Rs.2,000/- (rupees two thousand), in default, to undergo further R.I. for a period of two months for the offence under section 8 of the POCSO Act and R.I for a period of six months for the offence under section 448 of the Indian Penal Code and both the substantive sentences were directed to run concurrently by the learned Adhoc Additional Sessions Judge (FTSC), Balasore in Special Case No.130 of 2013.

Perused the impugned judgment. Considering the submission made by the learned counsel for the petitioner that the petitioner was on bail during trial and he has never misutilised his liberty and the substantive sentence imposed by the learned trial Court against the petitioner is for three years and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and on hearing the 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 local solvent sureties each for the like amount to the satisfaction of the learned trial Court.

The I.A. is disposed of.

( S.K. Sahoo) Judge

// 3 //

I.A. No.1533 of 2023

04. Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant-petitioner till 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

RKM

Signature Not Verified Digitally Signed Signed by: RABINDRA KUMAR MISHRA Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 15-Sep-2023 14:35:29