Chakra Muduli vs State Of Odisha
2023 Latest Caselaw 11453 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.1094 of 2022

              Chakra Muduli                          ....      Appellant/
                                                              Petitioner

                                    Mr. Raghunath Biswal, Advocate

                                        -versus-

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

                                    Mr. P.B. Tripathy
                                    Addl. Standing Counsel
                                      CORAM:
                                 JUSTICE S.K. SAHOO
                                      ORDER

Order No. 21.09.2023

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

Perused the office note, which indicates that inadvertently in the order no.4 dated 15.05.2023 at the top of the page, the date of order has been wrongly typed as 915.03.20239 instead of 815.05.20239.

The numeric 8039 is scored out and is corrected as 8059 in red ink by me in open Court.

( S.K. Sahoo) Judge

I.A. No.2084 of 2022

07. This is an application under Section 389 of Cr.P.C.

for grant of bail.

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Heard.

The appellant-petitioner has been convicted under section 376(2)(i)(n) of the Indian Penal Code read with 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.10,000/- (rupees ten thousand), in default, to further undergo R.I. for a period of six months for the offence under section 376(2)(i)(n) of the Indian Penal Code and no separate punishment is awarded under section 6 of the POCSO Act in view of section 42 of the said Act by the learned Additional Sessions Judge -cum- Special Court under POCSO Act, Nabarangpur in T.R. No.108 of 2020 (C.T. No.61 of 2017).

Perused the impugned judgment.

Learned counsel for the petitioner submitted that out of ten years of substantive sentence imposed by the learned trial Court, the petitioner has already sentenced more than five years and ten months and there is no chance of early hearing of the appeal in the near future. Placing the evidence of the victim (P.W.17) and the doctor (P.W.19), it is argued that the petitioner has good chance of success in the appeal and balance of convenience is in his favour and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State has obtained the written instruction from the Inspector in-charge of Papadahandi police station, which indicates that the victim has already got married and she is living in her in-laws house and there is no criminal antecedent against the

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petitioner. The written instruction is taken on record.

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced during the trial, the substantive sentence imposed by the learned trial Court, the period already undergone by the petitioner in judicial custody, absence of any criminal antecedent so also absence of any chance of early hearing of the appeal in the near future, the prayer for bail is allowed.

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.

Accordingly, the I.A. is disposed of.

( S.K. Sahoo) Judge

I.A. No.2085 of 2022

08. 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.

   Signature Not Verified                                     ( S.K. Sahoo)
   Digitally Signed                                               Judge

Signed by: RABINDRA KUMAR MISHRA RKM Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 26-Sep-2023 15:29:44