The High Court granted interim bail for three months to the appellant in a rape case under the SC/ST Act. Bail may extend to trial if he registers marriage with the victim; otherwise, custody will resume after three months.
Interim bail granted for three months, extendable to trial conclusion upon production of marriage certificate; otherwise custody to resume.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.149 of 2022
Jitu Gouda
Appellant
Mr.S.K. Bhanjadeo, Advocate
-versus-
State of Odisha & another
Respondents
Mr.Priyabrata Tripathy, Addl. Standing Counsel
CORAM: JUSTICE S.K. SAHOO
ORDER
Order No.
03.04.2023
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with G.R. Case No. 45 of 2021 arising out of Polasara P.S. Case No.309 of 2021 pending in the Court of learned Addl. Sessions Judge - cum- Special Judge, Chatrapur, Ganjam for offences punishable under sections 376(1)/294/506 of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(v) of the S.C. & S.T. (PoA) Act.
The appellant moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Judge, Chatrapur, Ganjam, which was rejected on 07.02.2022.
As per order dated 06.03.2023, learned counsel for the State has obtained instruction on the affidavit filed by the appellant from the victim through the Inspector incharge of Polasara police station dated 20.03.2023 from
// 2 //
which it appears that the victim has expressed her willingness to marry and stay with the appellant along with her son. The written instruction is taken on record.
Considering the submissions made by the learned counsel for the respective parties, the period of detention of the appellant in judicial custody, lis pendens development and the instruction received from the victim, I am inclined to release the appellant on interim bail for a period of three months from the date of release. If the appellant produces the document relating to registration of his marriage with the victim before the Marriage Officer, the learned trial Court shall extend the interim bail order till conclusion of the trial, otherwise he shall be taken into judicial custody immediately on expiry of the interim bail period.
For the above period, let the appellant 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) each with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with such other conditions as the learned Court may deem just and proper.
The CRLA is disposed of accordingly.
Issue urgent certified copy as per Rules.
( S.K. Sahoo)
Judge
PKSahoo
Page 2 of 2
2 issues framed by the court
Whether the appellant entitled to interim bail after victim expresses willingness to reconcile.
Whether conditions for extending interim bail to conclusion of trial based on marriage registration are appropriate.
3 provisions across 2 enactments
Jitu Gouda
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
