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Sarbeswar @ Sipuni Bhoi Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2022)

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Orissa HC
2022
Sarbeswar @ Sipuni Bhoi Vs State of OdishaSarbeswar @ Sipuni Bhoi v. State of Odisha

Allowed

Sarbeswar @ Sipuni Bhoi v. State of Odisha

Orissa HC25 Nov 2022BLAPL/9284/2022

Case brief

AI extract

What is this about?

High Court allowed bail to the petitioner, an accused under IPC Sections 363/366/376(2)(n) and POCSO Act Section 6 in a sexual offence case, directing release on terms to be fixed by the court in seisin after finding custody prolonged post-charge sheet filing.

What did the court decide?

Petitioner directed to be released on bail on terms to be fixed by the Court in seisin over the matter.

What the court decided

AI extract

Outcome

Petitioner directed to be released on bail on terms to be fixed by the Court in seisin over the matter.

Issue for consideration

Whether the petitioner, an accused in a POCSO case charged under IPC Sections 363/366/376(2)(n), should be released on bail. +1 more

Detailed headnote1 paragraphs

In a bail application under Section 439 Cr.P.C. in a POCSO case involving offences under IPC Sections 363/366/376(2)(n), the High Court, noting the length of custody since arrest and the filing of the charge sheet, held that further custody was not warranted. The Court directed the release of the petitioner on bail on terms to be fixed by the court seized of the trial.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9284 of 2022

Sarbeswar @ Sipuni Bhoi

Petitioner

Mr. S. Das, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. A. Pradhan, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

25.11.2022

Order No.

04.

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in Special G.R. Case No.39 of 2022, pending in the file of learned Additional Sessions Judge-cumSpecial Judge, (POCSO) Jagatsinghpur, arising out of Tirtol P.S. Case No.419 of 2022, for commission of alleged offences under Sections 363/366/376(2)(n) of IPC read with Section 6 of the POCSO Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District Judge-cumSpecial Court under POCSO Act, Jagatsinghpur by order dated 13.09.2022 in the aforementioned case, the present BLAPL has been filed.

Page 1 of 2

It is submitted by the learned counsel that the petitioner is in custody since 03.09.2022 and as charge sheet has been filed on 30.10.2022, further continuance of the petitioner in custody is not warranted.

Learned counsel for the State opposes the prayer for bail.

Perused the 164 Cr.P.C statement of the victim.

Considering the tenor thereof and taking into account the period of custody and filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the

learned Court in seisin over the matter.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per the

Santoshi

rules.

(V. NARASINGH)
Judge

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioner, an accused in a POCSO case charged under IPC Sections 363/366/376(2)(n), should be released on bail.
2.
Whether the filing of the charge sheet warrants release on bail after the prescribed period of custody.

Statutes considered

4 provisions across 3 enactments

AI extract

Code of Criminal ProcedureSection 439Section 164
Indian Penal CodeSections 363, 366, 376(2)(n)
The Protection of Children from Sexual Offences ActSection 6

Parties & counsel

AI extract

petitioner
Sarbeswar @ Sipuni Bhoi
respondent
State of Odisha

Coram

AI extract

V. Narasimh

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 25 Nov 2022 · November
Registered: 22 Sept 2022
Case no.: BLAPL/9284/2022
CNR: ODHC010636982022
Topic: Child Sexual Offences (POCSO)
Bench: V. Narasingh
Disposal: Allowed

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Cite this judgement

Sarbeswar @ Sipuni Bhoi v. State of Odisha, BLAPL/9284/2022 (OD), decided on 25 November 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes4

Code of Criminal ProcedureSection 439 · Section 164
Indian Penal CodeSections 363, 366, 376(2)(n)
The Protection of Children from Sexual Offences ActSection 6

View all statutes

Bench / Coram

V. Narasimh

Parties & counsel