Jayaram Munda & Another vs State Of Odisha
2022 Latest Caselaw 7200 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               JCRLA NO.91 OF 2017
            Jayaram Munda & Another                ....         Appellants
                                                    Mr.C. Sahoo,Advocate
                                        -versus-
            State of Odisha                        ....        Respondent
                                                    Mr.S.K. Nayak, AGA.
                    CORAM:
                    MR. JUSTICE D.DASH
                    DR. JUSTICE S.K. PANIGRAHI
                                   ORDER

09.12.2022 Order No. I.A. NO.66 OF 2022

04. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. The Appellants by filing this Application under section-389 of the Cr.P.C. have prayed for suspension of execution of sentence imposed upon them for the conviction recorded under section- 302/34 of the Indian Penal Code by the learned Additional Sessions Judge, Keonjhar in S.T. Case No.47/133 of 2015-14, pending disposal of this Appeal.

3. Heard learned Counsel for the Appellants and learned Counsel for the State.

4. Considering the submissions made and on going through the impugned judgment of conviction as well as the depositions of the witnesses examined from the side of the prosecution; further keeping in view the manner in which the incident is said to have taken place as have been stated by the witnesses, when we find that the Appellants are in custody since 16.06.2014 and there is no likelihood of early disposal of this Appeal; We are inclined to direct for suspension of further execution of sentence imposed upon the Appellants in S.T. Case No.47/133 of 2015-14 by the learned

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Additional Sessions Judge, Keonjhar and their release on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellants (Jayaram Munda and Masa Munda) 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 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
                                      09.12.2022
    Order No.                     JCRLA NO.91 OF 2017
          05.   1.     List this Appeal for hearing in the 1st week of May, 2023.

Issue urgent certified copy of this order on proper Application.

(D. Dash), Judge.

(Dr. S.K. Panigrahi) Judge.

Narayan