Digambar Majhi vs State Of Odisha
2024 Latest Caselaw 16717 Ori

Orissa High Court

Digambar Majhi vs State Of Odisha on 14 November, 2024

Author: S.K.Sahoo

Bench: S.K.Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.
                                   No.585 of 2019

            Digambar Majhi                   .....      Appellant/
                                                      Petitioner
                                        Mr. A. Bhuyan,
                                        Advocate
                                           -versus-

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

                                        Mr. Jateswar Nayak,
                                        Addl. Govt. Advocate

                                           CORAM:
                    THE HON'BLE MR. JUSTICE S.K.SAHOO
                                         ORDER

Order No.                              14.11.2024
                                   I.A. No.2746 of 2023
   15.              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.

Perused the impugned judgment. The appellant-petitioner appellant petitioner has been convicted for the offence punishable under section 376(2)(i) of I.P.C. and section 4 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 undergo R.I. for a period of one year for the offence under section 4 of the POCSO Act and no separate sentence has been awarded for the offence under section 376(2)(i) of the I.P.C. by the learned Addl. Sessions Judge -cum- Special Judge, Bhadrak vide judgment and order dated 20.07.2019 passed in Spl.

2016.

Learned counsel for the petitioner submitted that the petitioner ioner is in judicial custody since 13.01.2016 and he was never released on bail during trial and during pendency of the appeal, he has been granted interim bail for a period of three months as per order dated 15.05.2023 passed in I.A. No.136 of 2023 and after ter availing the same, he surrendered at the right time. Learned counsel further submitted that out of ten years of substantive sentence imposed by the learned trial Court, the petitioner has already undergone eight years of substantive sentence and since the paper book has not been prepared, there is no chance of early of the appeal in the near future and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State State,, on the other hand, opposed the prayer fo for bail.

Considering the submissions made by the learned counsell for the respective parties, parties the nature of accusation against the petitioner, the sentence imposed by the learned trial Court, the sentence already undergone by the petitioner in judicial custody and the conduct of the petitioner in complying with the earlier interim bail order and since there is no chance of early hearing of the appeal in the near future, future, I am inclined to release the petitioner on ba bail.

Let the appellant/petitioner be released on bail pending disposal of the appeal on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with one local solvent surety for the like amount to the satisfaction of the learned trial Court with such such terms and conditions as the learned Court may deem just and proper.

The I.A. is disposed of accordingly. Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge sipun

Designation: Senior Stenographer

Location: HIGH COURT OF ORISSA, CUTTACK Date: 19-Nov-2024 12:50:27