Orissa High Court
Sukuta @ Pradeep vs State Of Odisha on 20 January, 2025
Bench: S.K.Sahoo, Chittaranjan Dash
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.26 of 2021
Sukuta @ Pradeep
Malik ..... Appellant/Petitioner
Sk. Zafarulla,
Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. Sarat Pradhan,
Addl. Standing Counsel
CORAM:
THE HON'BLE MR. JUSTICE S.K.SAHOO
THE HON'BLE MR. JUSTICE CHITTARANJAN DASH
ORDER
Order No. 20.01.2025
I.A. No.23 of 2023
16. This matter is taken up through Hybrid arrangement
(video conferencing/physical mode).
Learned counsel for the State has produced the
status report dated 15.01.2025 received from the
Inspector in-charge of Tihidi Police Station which
indicates that the victim has already got married and
she is residing in her in-law's house and blessed with a
female child. The report is taken on record.
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
offence punishable under section 376(2)(i) of the I.P.C.
read with section 4 of the POCSO Act and sentenced to
undergo imprisonment for life and to pay a fine of
Rs.1,00,000/- (rupees one lakh), in default, to undergo
R.I. for a period of six months and no separate sentence
is awarded under section 4 of the POCSO Act in view of
section 42 of the POCSO Act by the learned Addl.
Sessions Judge -cum- Spl. Judge, Bhadrak vide
judgment and order dated 18.09.2020 passed in Special
Case No.07 of 2016.
Learned counsel for the petitioner submitted that
the petitioner is in judicial custody since 24.01.2016
and the petitioner has got no criminal antecedent and
there is no chance of early hearing of the appeal in the
near future and therefore, the bail application of the
petitioner may be favourably considered.
Learned counsel for the State, on the other hand,
opposed the prayer for bail and placed the evidence of
the victim (P.W.1) and the doctor (P.W.10) who has
stated that he has not noticed any internal or external
injury on the body of the victim and the hymen was
found intact and vaginal canal does not admit one
finger.
Considering the submissions made by the learned
counsel for the respective parties, the evidence of the
victim (P.W.1) and the doctor (P.W.11), who conducted
the post mortem examination, 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, we are inclined
to release the petitioner 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 to the satisfaction of the
learned trial Court 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 Court in
seisin over the matter including the conditions that the
petitioner shall not involve in any criminal activities and
shall not try to come in contact with the victim in any
manner
Violation of the terms and conditions shall entail
cancellation of bail.
Learned counsel for the State shall produce the
report from the Inspector in-charge of Tihidi Police
Station regarding the conduct of the petitioner while on
interim bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
17. List this matter in the week commencing 28th April
2025.
Learned counsel for the appellant shall file the
surrender certificate of the appellant by the next date.
( S.K. Sahoo)
Judge
(Chittaranjan Dash)
Judge
Pravakar
Designation: AR-cum-Senior Secretary
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 21-Jan-2025 21:09:16
