Orissa High Court
Purna Chandra Sethy vs State Of Odisha on 4 October, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.338 of 2023
Purna Chandra Sethy .... Appellant/
Petitioner
Mr. Bhagaban Sarangi, Adv.
-versus-
State of Odisha .... Respondent/
Opp. Party
Mr. Arupananda Das,
Addl. Government Advocate.
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 04.10.2023
I.A. No.732 of 2023
02. This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard learned counsel for the appellant and learned counsel for the State.
The appellant-petitioner has been convicted under section 376(2)(l) of the Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of Rs.20,000/- (rupees twenty thousand), in default, to undergo further R.I. for a period of four months for the offence under section 376(2)(l) of the Indian Penal Code by the // 2 // learned Ad hoc Additional Sessions Judge (FTSC) under POCSO Act, Berhampur in T.R. Case No.80 of 2021 (FTSC).
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 21.11.2016 and as such he has undergone substantive sentence of six years and ten months out of ten years of sentence imposed on him by the learned trial Court and since it is an appeal of the year 2023, there is no chance of early hearing of the appeal. He further argued that the victim is a mentally retired girl and she has stated nothing in the learned trial Court even though the help of the interpreter was taken for recording her evidence. It is further submitted that there are good chances of success in the appeal 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 on the other hand opposed the prayer for bail and placed the evidence of P.W.1 Narayan Jani, who stated to have found the appellant lying over the body of the victim girl and seeing the same, when he shouted, the appellant fled away. However, the witness has not stated to have either the appellant or the victim in a nude condition at that point of time. Learned counsel for the State also placed the Page 2 of 3 // 3 // evidence of P.W.7, who was present at the time of recording of 164 of Cr.P.C. statement as a Special Educator and also the evidence of P.W.17, the doctor.
Considering the submissions made by the learned counsel for the respective parties, the nature of evidence adduced during trial, period of detention of the petitioner in judicial custody, absence of any chance of early hearing of the appeal in the near future, I am inclined to release the petitioner on bail.
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 solvent sureties each for the like amount to the satisfaction of the learned trial Court with such terms and conditions as the learned Court may deem just and proper with the further conditions that the petitioner shall not come contact with the victim and shall not indulge in any criminal activities. Violation of any of the conditions shall entail cancellation of bail.
The I.A. is disposed of.
( S.K. Sahoo) Judge I.A. No. 733 of 2023
04. This is an application for stay of realization of fine.
Heard.
There shall be stay of realization of fine amount Page 3 of 3 // 4 // imposed on the appellant-petitioner by the learned trial Court pending disposal of the criminal appeal.
The I.A. is disposed of.
Issue certified copy as per rules.
( S.K. Sahoo) Judge amit Signature Not Verified Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 06-Oct-2023 14:58:26 Page 4 of 3