Allowed

Sipun@Bapun@Suresh Mohanta v. State of Odisha

Orissa HC2 May 2023CRLA/244/2023

Case brief

AI extract

What is this about?

In an appeal under section 14-A of the S.C. & S.T. (PoA) Act regarding a case involving sexual offences, the court considered the appellant's surrender, lack of criminal antecedents, and co-accused release. It was inclined to grant bail with conditions.

What did the court decide?

Appellant released on bail on furnishing a bond of Rs.50,000 with two solvents, subordinate to further directions.

Sipun@Bapun@Suresh Mohanta Vs State of Odisha — Caste Atrocities | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.244 of 2023

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Sipun @ Bapun @ Suresh …. Appellant Mohanta

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Mr.A.K. Parida, Advocate

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-versus-

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State of Odisha & another …. Respondents

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Mrs.Susamarani Sahoo, Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

02.05.2023

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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Learned counsel for the State submitted that the notice on the respondent no.2-the informant in the case, has already been served.

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None appears for the respondent no.2.

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Heard learned counsel for the appellant and 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 Special Case No.37 of 2022 arising out of Harichandpur P.S. Case No.104 of 2022 pending in the Court of learned Sessions Judge -cum- Special Judge, S.C. & S.T. (PoA) Act, Keonjhar for

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offences punishable under sections 376(2)(n)/363/ 112/34 of the Indian Penal Code read with section 3(2)(v)(i)(r) of the S.C. & S.T. (PoA) Act.

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The appellant moved an application for bail before the Court of learned Sessions Judge -cum- Special Judge, S.C. & S.T. (PoA) Act, Keonjhar which was rejected on 21.02.2023.

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Considering the submissions made by the learned counsel for the appellant that the appellant is in judicial custody since 21.02.2023 after he voluntarily surrendered before the learned trial Court in pursuance of the order passed by this Court in ABLAPL No. 16525 of 2022, charge sheet has already been submitted under sections 376(2)(n)/363/ 112/34 of the Indian Penal Code read with section 3(2)(v)(i)(r) of the S.C. & S.T. (PoA) Act and after going through the 164 Cr.P.C. statement of the victim and other materials available on record and release of the co-accused Chakradhar Mahanta on bail in CRLA No.907 of 2022 as per order dated 15.12.2022, copy of the bail order is annexed as Annexure-3 to the CRLA and on hearing the learned counsel for the State, who submitted pursuant to the written instruction that the appellant is having no criminal antecedents, I am inclined to release the appellant on bail.

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Let the appellant be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) with two local solvent sureties

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each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper with further conditions that he shall not keep any contact either with the victim or any of her family members, indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

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Violation of any of the conditions shall entail cancellation of bail.

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The CRLA is accordingly disposed of.

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Urgent certified copy of this order be granted on proper application.

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PRAMOD KUMAR SAHOO

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( S.K. Sahoo) Digitally signed by PRAMOD KUMAR SAHOO Judge Date: 2023.05.03 12:03:10 +05'30'

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Sipun@Bapun@Suresh Mohanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sipun@Bapun@Suresh Mohanta v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

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