Orissa High Court
Jagat Kishore Sethy vs State Of Odisha on 4 January, 2024
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.782 of 2023
Jagat Kishore Sethy .... Appellant/
Petitioner
Mr. S. Moharana, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Arupananda Das
Addl. Govt. Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
04.01.2024
Order No.
I.A. No.1669 of 2023
04. This matter is taken up through Hybrid
arrangement (video conferencing/ physical mode).
This is an application under section 389 of
Cr.P.C. for grant of bail.
Heard the learned counsel for the
appellant/petitioner and learned counsel for the
State.
Perused the impugned judgment.
The appellant-petitioner has been convicted
for the offences punishable under sections
323/363/377/506 of the I.P.C. and section 4 of the
POCSO Act and sentenced to undergo R.I. for a
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period of six months and to pay a fine of Rs.500/-
(rupees five hundred), in default, to undergo S.I. for
a further period of one month for the offence under
section 323 of the I.P.C., sentenced to undergo R.I.
for a period of three years and to pay a fine of
Rs.50,000/- (rupees fifty thousand), in default, to
undergo S.I. for a further period of one year for the
offence under section 363 of the I.P.C., 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 S.I. for a further period of six
months for the offence under section 377 of the
I.P.C., sentenced to undergo R.I. for a period of one
year and to pay a fine of Rs.20,000/- (rupees twenty
thousand), in default, to undergo S.I. for a further
period of two months for the offence under section
506 of the I.P.C. and sentenced to undergo R.I. for a
period of five years and to pay a fine of Rs.50,000/-
(rupees fifty thousand), in default, to undergo S.I.
for a further period of six months for the offence
under section 4 of the POCSO Act and all the
substantive sentences were directed to run
concurrently by the learned Ad-hoc Addl. Sessions
Judge (Fast Track Special Court), Kandhamal,
Phulbani vide judgment and order dated
12.10.2022/14.10.2022 in C.T. Case No.71 of 2017.
Learned counsel for the appellant-petitioner
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submitted that the petitioner was taken into judicial
custody in connection with this case on 27.10.2017
and he was directed to be released on bail on
11.07.2018 and after pronouncement of the
judgment on 12.10.2022, he was again taken into
judicial custody. Learned counsel further submitted
that the petitioner has got good chances of success
in the appeal and the balance of convenience is in his
favour and since there is no chance of early hearing
of the appeal in near future, the bail application may
be favourably considered.
Learned counsel for the State was asked to
obtain instruction about the criminal antecedent, if
any, against the petitioner and today, he has
produced the written instruction received from the
Inspector in-charge of Khajuripada police station
dated 30.10.2023 from which it appears that nothing
adverse was found against the petitioner. The report
furnished by the learned counsel is taken on record.
Learned counsel for the State opposed the prayer for
bail and placed the evidence of the victim (P.W.1) so
also the doctor (P.W.7).
Considering the submissions made by the
learned counsel for the respective parties, the
substantive sentence imposed by the learned trial
Court, the period already undergone by the petitioner
in judicial custody, absence of any material that he
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has misutilized his liberty while on bail during trial
and absence of any chance of early hearing of the
appeal in the near future and balance of convenience
being in his favour, 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 on such other
conditions as the learned trial Court may deem just
and proper including the conditions that he shall not
come in contact either with the victim or her family
members and shall not indulge in any criminal
activities.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is accordingly disposed of.
(S.K. Sahoo)
Judge
05. 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.
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Issue certified copy as per rules.
(S.K. Sahoo)
Judge
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 08-Jan-2024 12:33:46
