Itishree Panda & Another vs State Of Odisha
2022 Latest Caselaw 7131 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.214 of 2016
            Itishree Panda & Another                ....        Appellants
                                                             Mr.D.Panda,
                                                               Advocate
                                         -versus-

            State of Odisha                         ....       Respondent
                                                           Mr.S.K.Nayak,
                                                                   AGA
                    CORAM:
                    MR. JUSTICE D.DASH
                    DR. USTICE S.K.PANIGRAHI
                                        ORDER

06.12.2022

Order No. I.A. No.882 of 2022

19. 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 Appellant, namely, Itishree Panda by the Trial Court while convicting her for the offence under section 302/34 IPC and her release on bail pending disposal of this Appeal.

3. Heard Mr.D.Panda, learned counsel for the Appellant and Mr.S.K.Nayak, learned Additional Government Advocate for he Respondent.

4. Taking into account the submissions made and on going through the impugned judgment passed by the Trial Court when it is seen that the case of the prosecution is based on circumstantial evidence and one of the important circumstance is sought to be

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proved through a child witness, whcih is impeached on various grounds and it being also stated at the Bar that this Appellant, having been granted furlough for quite some time when during the said period, no such report adverse as to her conduct has come to surface, We are inclined to direct that further execution of sentence imposed upon this Appellant in S.T. Case No.72/94 of 2014 by the learned Additional Sessions Judge, Nayagarh shall remain suspended and he be released on bail pending disposal of this Appeal.

Accordingly, it is directed that on surrendering of the Appellant (Itishree Panda) before the Trial Court on the expiry of the period of furlough; she shall 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 the Appellant shall positively surrender before the Trial Court as and when so required.

The I.A. is accordingly disposed of.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge

ORDER 06.12.2022 Order No. Misc. Case No.609 of 2016

20. 1. Heard.

There shall be stay realization of fine till disposal of the Appeal.

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The Misc. Case is accordingly disposed of.

(D. Dash), Judge.

                                                       (Dr.S.K.Panigrahi),
                                                             Judge
                                         ORDER
                                        06.12.2022
       Order No.                     CRLA No.214 of 2016

          21.      1.     List this matter on 13.03.2022 for hearing.

The Paper Book be prepared in the meantime. Issue urgent certified copy of this order on proper application.

(D. Dash), Judge.

(Dr.S.K.Panigrahi), Judge

Basu