Orissa High Court
Sidhanta Behera @ Goji @ vs State Of Odisha on 10 January, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.571 of 2022
Sidhanta Behera @ Goji @
Sidhanta @ Goji Behera .... Appellant/
Petitioner
Ms. Binapani Tripathy, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Sarat Pradhan
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 10.01.2025
08. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Perused the prisoner's petition at "Flag-E" in which
request has been made by the appellant to engage Ms.
Binpani Tripathy as his advocate.
Ms. Binapani Tripathy, learned counsel has filed
Vakalatnama, which is accepted.
Except the name of Ms. Binapani Tripathy and Ms.
Nandini Tripathy, learned counsel, the names of earlier
engaged counsel shall not be reflected in the cause list
henceforth.
( S.K. Sahoo)
Judge
(P.T.O.)
09. This is an application under section 389 of Cr.P.C.
for grant of bail.
Heard.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the
offences punishable under sections 376(2)(i)/376(2)(f) of
the I.P.C. and 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.20,000/- (rupees twenty thousand), in default,
to undergo R.I. for a further period of one year for the
offence under section 6 of the POCSO Act and in view of
section 42 of the POCSO Act, no separate sentence has
been awarded for the offences punishable under sections
376(2)(i)/376(2)(f) of the I.P.C. by the learned Adhoc
Addl. Sessions Judge (Fast Track Special Court) under
POCSO Act, Berhampur vide judgment dated 20.04.2022
passed in G.R. Case No.93 of 2017/T.R. No.90/21 (FTSC).
Learned counsel for the petitioner submitted that
earlier the petitioner was granted interim bail for a period
of three months vide order dated 13.03.2024 in I.A.
No.1090 of 2022 and after availing the same, he
surrendered before the learned trial Court at the right
time. Learned counsel further submitted that since the
petitioner has good chances of success in the appeal and
there is no chance of early hearing of the appeal in the
near future and balance of convenience is in his favour
and since the paper book has not yet been prepared, the
bail application may be favourably considered.
Learned counsel for the State opposed the prayer for
bail.
Considering the submissions made by the learned
counsel for the respective parties, the nature and gravity
of accusation and since the petitioner has not flouted the
interim bail order dated 13.03.2024, while not inclining to
release the petitioner on bail on merit but taking into
account his period of detention in judicial custody, 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 petitioner be released
on interim bail in connection with the aforesaid case 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 including the
conditions that the petitioner shall not come in contact
with the victim or any prosecution witnesses, shall not
indulge in any criminal activities.
Violation of any of the conditions shall entail
cancellation of bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
10. List this matter in the week commencing from 15th
April 2025.
Learned counsel for the appellant shall file the
surrender certificate of the appellant in the meantime.
( S.K. Sahoo)
Judge
Pravakar
Designation: AR-cum-Senior Secretary
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 13-Jan-2025 17:36:53
