Allowed

Pintu Jena v. State of Odisha

Orissa HC14 Sept 2020CRLA/359/2020

Case brief

AI extract

What is this about?

In a special bail appeal concerning offences under POCSO and SC & ST Acts, the High Court allowed the appellant's bail application. Noting that the victim and informant depositions did not support the prosecution case and considering the period of detention, the court directed the release of the appellant on bail.

What did the court decide?

Released on bail by furnishing a bond of Rs.20,000 with two solvent sureties.

Pintu Jena Vs State of Odisha — Caste Atrocities | Orissa HC (2020)

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CRLA No.359 of 2020

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Pintu Jena …… Appellant -Versus1. State of Odisha 2. Jagannath Tamsoy …… Respondents

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14.09.2020 The matter is taken up through Video Conferencing.

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Heard learned counsel for the appellant, learned counsel for the State.

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This is an appeal under section 14-A of S.C. & S.T. (POA) Act, 1989 in connection with C.T. Special (POCSO) Case No.156 of 2018 arising out of Kalinganagar P.S. Case No.177 of 2018 pending in the Court of learned Addl. Sessions Judge -cum- Special Court, Jajpur for offences punishable under section 376(2)(n) of the Indian Penal Code read with section 6 of the POCSO Act and section 3(2)(v) of the SC & ST (POA) Act.

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The appellant moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Court, Jajpur which was rejected on 11.06.2020.

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Learned counsel for the appellant submitted that the appellant is in judicial custody since 20.09.2019 and his last application for bail in CRLA No.239 of 2019 was rejected on 30.09.2019 and it was directed that the appellant would be at liberty to renew his prayer for bail after the examination of the victim girl in the learned trial Court. Learned counsel for the appellant further

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submitted that in the meantime, the victim as well as the informant have been examined in the trial Court and they have not supported the prosecution case and he has annexed the copies of the deposition to this CRLA vide Annexure-3. He further submitted that in view of change in the circumstances, the bail application be favourably considered.

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Learned counsel for the State placed the evidence of the victim as well as the informant recorded in the trial Court.

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Learned counsel for the informant submitted that the victim has no objection if the petitioner is enlarged on bail.

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Considering the submission made by the learned counsel for the respective parties and the fact that the victim and informant have not supported the prosecution case during trial and taking into account the period of detention of the appellant in judicial custody and the lis pendens development, I am inclined to reconsider the prayer for bail of the appellant and direct him to be released on bail.

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Let the appellant be released on bail in the aforesaid case on furnishing bail bond of Rs.20,000.00 (rupees twenty thousand) with two solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

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Accordingly, the CRLA is disposed of. Urgent certified copy of this order be granted on proper application. …………………..…… S.K. Sahoo, J.

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Pintu Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pintu Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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