Shiba Sankar Sabat vs State Of Odisha

S.K. Sahoo, J

I.A. NO.1881 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(2)(i) of the Indian Penal Code and section 4 of the POCSO Act and sentenced to undergo R.I. for a period of twelve years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to further undergo R.I. for a period of six months for the offence under section 376(2)(i) of the Indian Penal Code and no separate sentence was awarded under section 4 of the POCSO Act in view of the provision under section 42 of the said Act by the learned Additional Sessions Judge -cum- Special Court under POCSO Act, Berhampur in G.R. Case No.43 of 2017/T.R. No.88 of 2022.

Perused the impugned judgment.

In view of the evidence of the victim as P.W.1 and the findings of the learned trial Court that the victim was under sixteen years of age at the time of occurrence and the manner in which the crime has been committed, 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 since 15.04.2017 and absence of any chance of early hearing of the appeal in the near future and since he has already undergone half of the substantive sentence, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

For the above period, let the appellant-petitioner be released on interim bail in 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 trial Court subject to condition that he shall not indulge in any criminal activities in any manner.

Violation of any of the conditions shall entail cancellation of bail.

Accordingly, the I.A. is disposed of.

I.A. NO.1880 OF 2022

Heard.

There shall be stay of realization of fine amount imposed by the learned trial Court on the appellant-petitioner till disposal of the criminal appeal.

The I.A. is disposed of.

CRLA NO.1005 OF 2022

List this matter in the week commencing from 16.10.2023. Learned counsel for the appellant shall produce the surrender certificate of the appellant on the next date.

Urgent certified copy of this order be granted as per rules.

………………………..