Kula Rana vs State Of Odisha

B. P. Routray, J

1.  This matter is taken up by video conferencing mode.

Perused the prisoner’s petition and the power filed by Mr. Trilochan Nanda is accepted.

MISC. CASE NO.1790 OF 2018

Heard Mr. Trilochan Nanda, learned counsel for the appellant and Mr. P.K. Maharaj, learned Additional Standing Counsel.

There shall be stay realization of fine amount as imposed by learned Additional Sessions Judge-cum-Special Court (POCSO), Bolangir in his

judgment dated 22nd August, 2018 passed in Special G.R. Case No.13 of 2015 till disposal of the appeal.

The Misc. Case is accordingly disposed of.

MISC. CASE NO.1791 OF 2018

This application under Section 389 Cr.P.C. is for bail upon appeal of the appellant Kula Rana who has been convicted for the offence under

Sections 363/376(2)(i) of I.P.C. and Section 4 of the POCSO Act and sentenced to undergo R.I. for seven years and to pay a fine of Rs.5000/-, I.D.

to further undergo R.I. for seven months for the offence under Section 363 of I.P.C. and to undergo R.I. for ten years and to pay a fine of Rs.5000/-,

I.D. to undergo further R.I. for seven months for the offence under Section 376(2)(i) of I.P.C. by the learned 1st Additional Sessions Judge-cum-

Special Court (POCSO), Balangir in his judgment dated 22nd August, 2018 passed in Special G.R. Case No.13 of 2015.

It is submitted that the appellant is inside custody since 30th March, 2015.

After hearing both parties and considering the statement of the victim made in her deposition and other evidence adduced on record, it is directed to

release the appellant on bail pending appeal in Special G.R. Case No.13 of 2015, arising out of Titilagad P.S. Case No.78 of 2015 on such terms and

conditions to be fixed by the learned 1st

Additional Sessions Judge-cum-Special Court (POCSO), Balangir.

The I.A. is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available

in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s

Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No. 4798, dated 15th April, 2021.

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