Lachman Sabar vs State Of Odisha
2023 Latest Caselaw 11402 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             CRLA No.219 of 2023

              Lachman Sabar                    ....   Appellant/
                                                    Petitioner

                                 Mr. Abhilash Mishra, Advocate

                                    -versus-

              State of Odisha                  ....   Respondent/
                                                    Opp.Party

                                 Mr. Manoranjan Mishra
                                 Addl. Standing Counsel
                                   CORAM:
                             JUSTICE S.K. SAHOO

                                    ORDER

Order No.                         18.09.2023
                             I.A. No. 455 of 2023

06. This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

This is an application for bail.

The appellant-petitioner Lachman Sabar has been convicted under sections 363, 366 and 342 of the Indian Penal Code and section 6 of the POCSO Act and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of Rs.4,000/- (rupees four thousand), in default, to undergo rigorous imprisonment for a further period of six months for the offence under section 366 of the Indian Penal Code and to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.500/- (rupees five // 2 //

hundred), in default, to undergo rigorous imprisonment for a further period of two months for the offence under section 342 of the Indian Penal Code and both the substantive sentences were directed to run concurrently and no separate sentence has been imposed for the offence under section 363 of the Indian Penal Code by the learned Adhoc Addl. Sessions Judge -cum- Special Court under POCSO Act, Bhawanipatna vide judgment and order dated 14.11.2022 in C.T. Case No. 350/44 of 2018 (POCSO)/T.R. No. 125 of 2020.

Considering the submission made by the learned counsel for the petitioner that the petitioner has already undergone half of the substantive sentence imposed by the learned trial Court and after going through the evidence of the victim (P.W.2) and the doctor (P.W.16) 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 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. Violation of any of the conditions shall entail cancellation of bail.

The I.A. is disposed of.

( S.K. Sahoo) Judge

// 3 //

I.A. No. 456 of 2023

07. This is an application for stay of realization of fine.

Heard.

There shall be stay of realization of fine amount imposed on the appellant-petitioner pursuant to the judgment and order dated 14.11.2022 passed by the learned Adhoc Addl. Sessions Judge -cum- Special Court under POCSO Act, Bhawanipatna in C.T. Case No. 350/44 of 2018 (POCSO)/T.R. No. 125 of 2020 pending disposal of the criminal appeal.

The I.A. is disposed of.

Issue certified copy as per rules.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 22-Sep-2023 12:12:18