Bhima Sahu @ Saroj vs State Of Odisha

S.K. Sahoo, J

I.A. NO.1420 OF 2023

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

This is an application for bail.

Heard the learned counsel for the petitioner and learned counsel for the State.

The appellant-petitioner Bhima Sahu @ Saroj has been convicted under section 363/366A/376(2)(i)(n) and section 6 of the POCSO Act and sentenced to undergo R.I. for a period of five years and to pay a fine of Rs.5,000/- (rupees five thousand) under Section 363 of the I.P.C., in default, to undergo for a period of three months, to undergo R.I. for a period of five years and to pay a fine of Rs.5,000/- (rupees five thousand) for the offence under Section 366A of the I.P.C., in default, to undergo for a period of three months, further to undergo ten years and to pay a fine of Rs.10,000/- (rupees ten thousand), in default, to undergo R.I. for a period of three months for offences under section 376(2)(i)(n) of the I.P.C. and all the sentences shall run concurrently. by the learned Additional Sessions Judge -cum- Special Judge, Balasore in Sessions Case No.569 of 2016.

Learned counsel for the appellant-petitioner submitted that the appellant-petitioner has been granted interim bail twice by this Court during pendency of the appeal and on both occasions, after availing the interim bail period, he has surrendered at right time. He further submits that out of ten years of sentence, the appellant petitioner has already undergone sentence of six years and two months and since paper book has not yet been prepared, the petitioner may be granted interim bail for some period.

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 the nature of evidence adduced during trial, while not inclining to release the petitioner on bail on merit, 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 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 Additional Sessions Judge - cum- Special Judge, Balasore in Sessions Case No.569 of 2016 including the conditions that the petitioner shall not try to come in contact with the victim or her family members, 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.

CRLA NO.729 OF 2019

List this matter in the week commencing from 10th  October 2023.

Learned counsel for the appellant shall file the surrender certificate of the appellant in the meantime.

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