Malati Munda vs State Of Odisha
2022 Latest Caselaw 7203 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLA No.677 OF 2016

            Malati Munda                             ....            Appellant

                                                     Mr.C.R.Sahu, Advocate
                                         -versus-
            State of Odisha                          ....         Respondent
                                                      Mr.S.S.kanungo, AGA

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

                                        ORDER

08.12.2022 Order No. Misc. Case No.1909 of 2016

07. 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 Misc. Case is disposed of accordingly.

(D. Dash) Judge

(Dr. S.K.Panigrahi) Judge

ORDER 08.12.2022 Order No. Misc. Case No.1910 of 2016

08. 1. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant,

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namely, Malati Munda by the Trial Court while convicting her for the offence under section 302/201 of IPC and her release on bail pending disposal of this Appeal.

2. Heard.

3. Taking into account the submissions made and on going through the impugned judgment of conviction passed by the Trial Court, it is seen that this Appellant is in custody since 29.08.2014 and the material available against this Appellant is the statement of the co-accused, namely, Kanda Munda who has also been convicted in the same trial. In that view of the matter; We are inclined to direct that further execution of sentence imposed upon this Appellant in S.T. Case No.06/12 of 2015 by the learned Additional Sessions Judge, Keonjhar shall remain suspended till disposal of this Appeal and the Appellant be released on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant, namely, Malati 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 Appellant shall positively surrender before the Trial Court as and when so required.

The Misc. Case is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

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ORDER 08.12.2022 Order No. CRLA 677 of 2016

09. 1. List this matter on 27.03.2023 for final hearing along with JCRLA No.11 of 2018.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge Gitanjali