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Bhagaban Sahoo @ Sarkari vs State Of Odisha

Orissa High Court · Decided on 1 September 2023 · Citation: (2023) 09 OHC CK 0004

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 294, 341, 354, 354B, 506 · Protection Of Children from Sexual Offences Act, 2012 — Section 6, 8
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 7134 Of 2023
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Judgment

10 paragraphs · 364 words

G. Satapathy, J

1.

This  matter  is  taken  up  through  Hybrid Arrangement (Virtual/Physical Mode).

2.

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail arising out of Jodapadar P.S. Case No.54 of 2022 corresponding to Spcl. G.R. Case No. 20 of 2022 pending in the Court of learned ADJ-cum-Special Court POCSO Act, Puri for commission of offences punishable under Sections 341/354/354B/ 506/294/34 of IPC and Sections 6/8 POCSO Act, on the allegation of committing rape and aggravated penetrative sexual assault upon the victim.

3.

Heard, Mr.D.Das, learned counsel for the Petitioner and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record. Mr. D.Das, learned counsel for the Petitioner after advancing argument at a length makes an alternative prayer to grant interim bail to the Petitioner by taking into consideration the custody of the Petitioner for more than one year, to which learned ASC does not raise any objection.

4.

The report of the learned Additional District and Sessions Judge-cum-Special Court POCSO Act, Puri reveals that the case is now stands posted awaiting final charge-sheet in the matter which means that the trial has not commenced even after more than one year of custody of the Petitioner.

5.

In view of the aforesaid situation and without adverting to the matters on merit, this Court by taking into consideration the alternative prayer made by the learned counsel for the Petitioner, grants interim bail to the Petitioner for a period of forty five (45) days with effect from the date of his actual release on bail on such terms and conditions as deem fit and proper by the learned Court in seisin of the case with further condition that one of the sureties shall be either his blood relation or relative.

6.

The Petitioner is, however, advised to surrender to custody after expiry of the interim bail and in case of failure of the petitioner to surrender to custody as aforesaid, the learned Court in seisin of the case may take appropriate steps to commit the Petitioner to custody.

7.

Accordingly, the BLAPL stands disposed of.

8.

Issue urgent certified copy of the order as per Rules.

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