Sekhar Huika & Others vs State Of Odisha
2022 Latest Caselaw 7079 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLA No.669 OF 2016

            Sekhar Huika & Others                    ....         Appellants
                                                      Mr.B.Nayak, Advocate
                                         -versus-
            State of Odisha                          ....         Respondent
                                                      Mr.S.S.kanungo, AGA

                        CORAM:
                        MR. JUSTICE D.DASH
                        Dr. JUSTICE S.K. PANIGRAHI

                                       ORDER

05.12.2022 M.C. No.1875 of 2016 Order No.

08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard.

3. There shall be stay realization of fine till disposal of this appeal.

4. The I.A is disposed of accordingly.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

// 2 //

ORDER 05.12.2022 Order No. I.A. No.1882 of 2022

09. 1. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellants, namely, Sekhar Huika & Silli Huika by the Trial Court while convicting them for the offence under section 302/201/34 of IPC and their release on bail pending disposal of this Appeal.

3. Heard.

4. Considering the submissions made and on going through the impugned judgment passed by the Trial Court, further taking into account the fact that the Appellant No.1 and 3 are in custody since 13.11.2010 and co-accused Appellant No.2 has in the meantime been released on bail as there arises no likelihood of hearing of this Appeal so soon in view of the pendency of the old Appeals and the case is based on the evidence of one eye witness which too is being impeached on several grounds; We are inclined to direct that further execution of sentence imposed upon this Appellants in C.T. Case No.32 of 2011 by the learned Sessions Judge, Rayagada shall remain suspended in releasing the Appellant on bail till disposal of this Appeal.

Accordingly, it is directed that the Appellants (Sekhar Huika & Silli Huika) be released on bail pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that the Appellants shall positively surrender before the Trial Court as and when so required.

// 3 //

The I.A. is accordingly disposed of. Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

ORDER 05.12.2022 CRLA 669 of 2016 Order No.

10. 1. List this matter in the week commencing 3rd March, 2023 for hearing.

2. Paper Book be prepared in the meantime.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge Gitanjali