Orissa High Court
Shiba Sankar Sabat vs State Of Odisha on 27 March, 2024
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.1005 of 2022
Shiba Sankar Sabat .... Appellant/
Petitioner
Ms. Ayushi Mehta, Advocate
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. P.B. Tripathy,
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 27.03.2024
I.A. No.3043 of 2023
21. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
This is an application under section 389(1) of Cr.P.C. for grant of bail.
Heard.
Perused the impugned judgment.
The appellant-petitioner has been convicted for the offences punishable under section 4 of the POCSO act read with section 376(2)(i) of the I.P.C. 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 undergo R.I. for a further period of six months for the offence under section 376(2)(i) of the I.P.C. and no // 2 // separate sentence has been awarded for the offence under section 42 of the POCOS Act by the learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Berhampur, Ganjam vide judgment and order dated 10.08.2022 passed in G.R. Case No.43 of 2017/T.R No.88 of 2022.
Learned counsel for the State has produced the custody certificate of the petitioner from the Senior Superintendent, Circle Jail, Berhampur from which it appears that the petitioner has already undergone half of the substantive sentence imposed by the learned trial Court. The custody certificate is taken on record.
Learned counsel for the petitioner submitted that the petitioner was granted interim bail for a period of three months and after availing the same, he surrendered at right time and he has never misutilized his liberty in any manner.
Considering the submissions made by the learned counsel for the respective parties, the sentence imposed by the learned trial, the period already undergone by the petitioner in judicial custody, the conduct of the petitioner in complying with the earlier interim bail order and absence of any chance of early hearing of the appeal in the near future, 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 Page 2 of 3 // 3 // surrender before the learned Court below on expiry of the said three months period.
For the above period, let the appellant/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 Court in seisin over the matter including the conditions that the appellant shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case stands posted for trial during the interim bail period.
Violation of any of the conditions shall entail cancellation of bail.
The I.A. is disposed of accordingly.
( S.K. Sahoo) Judge CRLA No.1005 of 2022
22. List this matter in the week commencing 8th July 2024.
Learned counsel for the appellant shall file the surrender certificate of the appellant by the next date.
( S.K. Sahoo) Judge sipun Signature Not Verified Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Page 3 of 3 Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Mar-2024 12:36:29