Bada Mahali vs State Of Orissa
2022 Latest Caselaw 7081 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.393 of 2017


        Bada Mahali                          ....           Appellant

                                     Mr. Bijaya Kumar Behera-I, Adv.

                                 -versus-

        State of Orissa                     ....           Respondent

                                                 Mr. S.K. Nayak, AGA



                 CORAM:
                 MR. JUSTICE D. DASH
                 DR. JUSTICE S.K. PANIGRAHI
                                ORDER

Order                          05.12.2022
No.                       I.A. No.379 of 2021

04. 1. This matter is taken up through hybrid arrangement

(virtual / physical) mode.

2. The Appellant by filing this application under section

389 of the Cr.P.C. has prayed for suspension of execution

of sentence imposed on him in Sessions Trial No.52 of

2015 of the court of the learned Additional Sessions Judge,

Rairangpur and his release on bail pending disposal of

this Appeal.

// 2 //

3. Heard learned Counsel for the Appellant and learned

Additional Government Advocate for the State.

4. Considering the submissions made and on going

through the impugned judgment; further taking into

account the fact that the prosecution case is based on

circumstantial evidence; and the circumstances are the

motive, last seen theory as well as the recovery of weapon

said to have been made at the instance of the accused;

when the weapon is said to have not been connected with

the commission of the offence and also the surrounding

circumstances including the factum of detention of the

Appellant in custody since 14.09.2015 when the hearing of

the appeal is not likely to be taken up soon, we are

inclined to direct that further execution of sentence

imposed upon this Appellant in Sessions Trial No.52 of

2015 by the learned Additional Sessions Judge,

Rairangpur shall remain suspended in releasing the

Appellant on bail pending disposal of the Appeal.

5. Accordingly, it is directed that the Appellant (Bada

Mahali) be released on bail in the aforesaid case pending

disposal of this Appeal on such terms and conditions as

deemed just and proper by the Trial Court with further

condition that the Appellant shall positively surrender

before the Trial Court as and when so required.

// 3 //

6. The I.A. is, accordingly, disposed of.

            .                                               (D. Dash)
                                                              Judge




                                                       (Dr. S.K. Panigrahi)
                                                               Judge



                        CRLA No.393 of 2017

05. 1. List this matter for final hearing in the third week of

April, 2023.

2. Paper Book be prepared in the meantime.

3. Urgent certified copy of this order be granted on

proper application.

            .                                               (D. Dash)
                                                              Judge




                                                       (Dr. S.K. Panigrahi)
                                                               Judge


B.Jhankar