Orissa High Court
Anil Kumar Dash @ 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.239 of 2021
Anil Kumar Dash @ .... Appellant/
Chengulu Petitioner
Mr. B.B. Routray, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.S. Nayak,
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 10.01.2025
I.A. No.2465 of 2024
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.
The appellant-petitioner has been convicted
under sections 341/506/376(2)(i) of the Indian Penal
Code read with section 6 of the POCSO Act and
sentenced to undergo R.I. for a period of one year
and to pay a fine of Rs.5,000/- (rupees five
thousand), in default of payment of fine, to undergo
further R.I. for a period of two months for the offence
under section 506 of the Indian Penal Code, S.I. for a
period of one month for the offence under section 341
of the Indian Penal Code, R.I. for a period of twelve
years and to pay a fine of Rs.50,000/- (rupees fifty
thousand), in default of payment of fine, to undergo
further R.I. for a period of six months for the offence
under section 6 of the POCSO Act and no separate
punishment is awarded under section 376(2)(i) of the
Indian Penal Code in view of section 42 of the POCSO
Act and all the substantive sentences were directed to
run concurrently by the learned Additional Sessions
Judge -cum- Special Court under POCSO Act, Angul in
Special (POCSO) No.70 of 2017.
Perused the impugned judgment.
Learned counsel for the petitioner submitted that
the petitioner has remained in judicial custody for
more than seven years and twice he has been granted
interim bail by this Court and after availing the same,
he surrendered at right time and since he has not
flouted the terms and conditions of the interim bail
and there is no chance of early hearing of the appeal
in the near future as no paper book has been
prepared, the bail application of the petitioner may be
favourably considered.
Learned counsel for the State as per the previous
order of this Court has produced the custody
certificate, which indicates that the petitioner is in
judicial custody for more than seven years.
Considering the submissions of learned counsel
for the respective parties, the period of detention of
the petitioner in judicial custody and since the
petitioner has not flouted the terms and conditions of
the earlier interim bail orders and absence of any
chance of early hearing of the appeal in the near
future, 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.20,000/- (rupees twenty thousand) with one
local solvent surety for the like amount to the
satisfaction of the learned trial Court. While on bail,
the petitioner shall not try to come in contact with the
victim and shall not indulge in any criminal activities
in any manner.
Violation of any of the conditions shall entail
cancellation of bail.
Accordingly, the I.A. is disposed of.
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: 13-Jan-2025 18:28:41
