Orissa High Court
Bailochan Mohanta @ vs State Of Odisha on 3 April, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.393 of 2019
Bailochan Mohanta @ ..... Appellant/
Gultu Petitioner
Mr. Bijaya Kumar Behera-1,
Advocate
-versus-
State of Odisha ..... Respondent/
Opp. party
Mr. K.C. Kar,
Government Advocate
CORAM:
HON'BLE MR. JUSTICE S.K. SAHOO
Order No. ORDER
03.04.2025
I.A. No.2304 of 2024
15. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
This is an application filed under Section 389 of
Cr.P.C. for grant of bail.
Heard.
The appellant-petitioner has been convicted under
sections 363/376(2)(i)/34 of the Indian Penal Code read
with section 6 of the POCSO Act and sentenced to
undergo R.I. for a period of twenty years and to pay a fine
of Rs.5,000/- (rupees five thousand), in default, to
undergo further R.I. for a period of six months for the
offences under section 376(2)(i) of the Indian Penal Code
read with section 6 of the POCSO Act and R.I. for a period
of three years and to pay a fine of Rs.1,000/- (rupees one
thousand), in default, to undergo further R.I. for a period
of one month for the offence under section 363/34 of the
Indian Penal Code and all the substantive sentences were
directed to run concurrently by the learned 1st Additional
Sessions Judge -cum- Presiding Officer, Children's Court,
Mayurbhanj, Baripada in C.T. Case No.108 of 2015.
Perused the impugned judgment.
As per the order dated 22.11.2024, the learned
Government Advocate has produced the custody
certificate of the petitioner, which is dated 07.12.2024,
which indicates that the petitioner is in judicial custody for
ten years, six months and four days including the period
of remission. The custody certificate is taken on record.
Learned counsel for the petitioner submits that the
bail application of the petitioner has been rejected earlier
on merit vide order dated 21.02.2023 in I.A. No.940 of
2019, however since the petitioner has already undergone
half of the substantive sentence imposed on him by the
learned trial Court and there is no chance of early hearing
of the criminal appeal in the near future, the bail
application of the petitioner may be favourably
considered.
Learned Government Advocate opposed the prayer
for bail.
Considering the submissions made by the learned
counsel for the respective parties and in view of the
materials available on record, while not inclining to
release the petitioner on bail on merit, but taking into
account the period of detention of the petitioner in judicial
custody and absence of any chance of early hearing of the
appeal in the near future, I am inclined to release him on
interim bail for a period of three months from the date of
release. The petitioner shall immediately surrender before
the learned Court below on expiry of the said three
months period.
For the above period, let the appellant-petitioner be
released on interim bail in connection with the aforesaid
case 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 Court in seisin
over the matter including the conditions that the
petitioner shall not come in contact with the victim or any
prosecution witnesses and shall not indulge in any
criminal activities.
Violation of any of the conditions shall entail
cancellation of interim bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
16. List this matter in the week commencing from
14.07.2025. Learned counsel for the appellant shall
produce the surrender certificate of the appellant on the
next date.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
RKM
Signed by: RABINDRA KUMAR MISHRA
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 04-Apr-2025 14:07:52
