Sibarama Sahoo Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

Sibarama Sahoo Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2024)

What the court decided

AI extract

Outcome

Interim bail for three months from the date of release granted despite refusal of bail on merit; petitioner to furnish bail bond of Rs.50,000/- with two local solvent sureties of like amount, refrain from contacting prosecution witnesses or tampering with evidence, abstain from criminal activities, and appear before the trial Court on each trial date; petitioner to surrender before the learned trial Court immediately on expiry of the three-month period; violation of conditions entails cancellation of interim bail; urgent certified copy to be issued as per Rules.

Issue for consideration

Whether the petitioner should be released on bail under section 439 Cr.P.C. in respect of Baliapanda P.S. Case No.146 of 2021 / T.R. Case No.111 of 2021, notwithstanding rejection of his earlier bail application, given his detention in judicial custody since 10.09.2021 and the delayed disposal of the trial.

Court's answer

The Court declined to release the petitioner on bail on merit, while taking into account the period of his detention in judicial custody and the slow progress of the trial.

Ratio / Principle

On account of the detention period and slow trial progress, the Court ordered release of the petitioner on interim bail for a period of three months from the date of release, with surrender before the learned trial Court immediately on expiry of the three-month period.

Key takeaways

The interim bail is to be secured by a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, to the satisfaction of the learned Court in seisin over the matter.ratio¶23
Further terms were imposed: while on interim bail the petitioner shall not come in contact with any prosecution witness or tamper with evidence, shall not indulge in criminal activities, and shall appear before the learned trial Court on each date fixed for trial.ratio¶23

Detailed headnote1 paragraphs

Bail under s.439 Cr.P.C. — BLAPL No.10636 of 2023, Sibarama Sahoo v. State of Odisha (High Court of Orissa at Cuttack, Justice S.K. Sahoo, order dated 29.11.2024) — accused charged in Baliapanda P.S. Case No.146 of 2021 / T.R. Case No.111 of 2021 before the Addl. Sessions Judge-cum-Special Court under POCSO Act, Puri, for offences under ss.376(2)(n), 376(3), 313, 294, 323, 506, 354/34 IPC and s.6 POCSO Act — earlier bail application rejected on 19.08.2023 — petitioner in judicial custody since 10.09.2021; twelve of twenty-two charge sheet witnesses examined; victim (P.W.6) supported the prosecution case — Court declined bail on merit but, considering the detention period and slow progress of trial, released the petitioner on interim bail for three months on a bail bond of Rs.50,000/- with two local solvent sureties of like amount, imposing conditions of no contact with prosecution witnesses, no tampering with evidence, no criminal activity and attendance on all trial dates, with surrender to the trial Court on expiry of the three-month period; violation of conditions to entail cancellation — BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10636 of 2023

Sibarama Sahoo

Petitioner

Mr. S. Subudhi, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr.Aurobinda Mohanty Addl. Standing Counsel Mr. S.K. Dash, Advocate (for the informant)

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No. 29.11.2024

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

Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant.

This is an application under section 439 of Cr.P.C. in connection with Baliapanda P.S. Case No.146 of 2021 corresponding to T.R. Case No.111 of 2021 pending in the Court of learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Puri for offences punishable under sections 376(2)(n), 376(3), 313, 294, 323, 506,354/34 of the Indian Penal Code and section 6 of POCSO Act.

Page 1 of 3

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge -cum- Special Court under POCSO Act, Puri, which was rejected on 19.08.2023.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 10.09.2021 and out of twenty two charge sheet witnesses, twelve witnesses have been examined and though the victim has supported the prosecution case, in view of delayed disposal of trial, the bail application of the petitioner may be favourably considered.

Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail and placed the evidence of the victim, who was examined as P.W.6.

Considering the submissions made by the learned counsel for the respective parties and the evidence of the victim, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of the petitioner in judicial custody and slow progress of trial, I am inclined to release the petitioner on interim bail for a period of three months from the date of release and the petitioner shall surrender before the learned trial Court immediately on expiry of the three months period.

Page 2 of 3

For the above period, let the petitioner be released on interim bail in the aforesaid case on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions that while on interim bail, the petitioner shall not try to come in contact with any of the prosecution witnesses or tamper with the evidence, he shall not indulge in any criminal activities, he shall appear before the learned trial Court on each date fixed for trial.

Violation of any terms and conditions shall entail cancellation of interim bail.

Accordingly, the BLAPL is disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified

Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 30-Nov-2024 15:58:25

Page 3 of 3