Ganesh Mali @ Patel And Ors vs State Of Odisha
2022 Latest Caselaw 7121 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLA No.340 of 2020


        Ganesh Mali @ Patel and Ors.         ....          Appellants

                                      Mr. Manoranjan Padhy, Adv.
                                          (for Appellant Nos.2 & 3)

                                 -versus-

        State of Odisha                     ....           Respondent

                                                 Mr. S.K. Nayak, AGA

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

Order                          06.12.2022
No.                       I.A. No.697 of 2020

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

(virtual / physical) mode.

2. This is an application under Section 389 Cr.P.C. for

suspension of execution of sentence imposed upon the

Appellants, namely, Ganesh Mali @ Patel, Samaru Mali

and Dhoyan @ Gobardhan Kashyap by the learned

Sessions Judge, Nabarangpur in C.T. No.219 of 2017 while

convicting them for the offence under Section 302/ 34 of

// 2 //

the I.P.C. and their release on bail pending disposal of this

Appeal.

3. Heard.

4. Taking into account the submissions made and on

going through the impugned judgment; when we find

that the case of the prosecution is based on solitary

testimony of P.W.23 which has been impeached on so

many grounds more particularly the circumstances

emanating from her evidence in saying that she is a got

up witness; further keeping in view the period of

detention of the Appellants in custody when the Appeal

is not likely to be heard and disposed of soon, we are

inclined to direct that further execution of sentence

imposed upon these Appellants in C.T. No.219 of 2017 by

the learned Sessions Judge, Nabarangpur shall remain

suspended in releasing the Appellants on bail pending

disposal of this Appeal.

5. Accordingly, it is directed that the Appellants, namely,

Ganesh Mali @ Patel, Samaru Mali and Dhoyan @

Gobardhan Kashyap 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 Appellants 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




                 I.A. No.696 of 2020
08.       1. Heard.

2. There shall be stay realization of fine imposed upon the

Appellants till disposal of the Appeal.

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

      .                                               (D. Dash)
                                                        Judge




                                                 (Dr. S.K. Panigrahi)
                                                         Judge





                                             // 4 //




                         CRLA No.340 of 2020

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

April, 2023.

2. Urgent certified copy of this order be granted on

proper application.

             .                                            (D. Dash)
                                                            Judge




                                                      (Dr. S.K. Panigrahi)
                                                              Judge

B.Jhankar