Sananda Behera vs State Of Odisha

S.K. Sahoo, J

I.A. NO.1600 OF 2022

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 section 376(1) of the Indian Penal Code and section 4(1) of the POCSO Act, 2012 and sentenced to undergo R.I. for a period of ten years and to pay a fine of Rs.25,000/- (rupees twenty five thousand), in default, to further undergo S.I. for a period of three months on each count for the offences under section 376(1) of the Indian Penal Code and section 4(1) of the POCSO Act, 2012 and the substantive sentences were directed to run concurrently by the learned Adhoc Additional Sessions Judge (FTSC), Angul in Special (POCSO) Case No.109 of 2016/ T.R. No.16 of 2021 (T.R. No.54 of 2020).

Learned counsel for the appellant-petitioner submitted that the petitioner was taken into judicial custody in connection with this case on 04.01.2016 and he was released on bail on 26.05.2017 and thereafter, on the pronouncement of the impugned judgment, he was again taken into judicial custody and there is no material that while on bail, he has misutilised his liberty in any manner. He further submitted that there is inordinate delay in lodging the first information report which has not been explained satisfactorily by the prosecution and the doctor’s (P.W.10) evidence does not indicate anything to corroborate the evidence of the victim (P.W.1) and there are good chances of success in the appeal and there is no chance of early hearing of appeal in the near future and balance of convenience is in favour of the petitioner and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail and placed the statement of the victim (P.W.1) and the doctor (P.W.10).

Considering the submissions of learned counsel for the respective parties, the nature of evidence adduced during the trial, the fact that the petitioner was on bail during trial and there is no material that he has misutilized his liberty in any manner while on bail and absence of any chance of early hearing of the appeal in the near future, the prayer for bail is allowed.

Let the appellant-petitioner be released on bail pending disposal of the appeal 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 trial Court.

Accordingly, the I.A. is disposed of.

………………………………..