Kasi @ Sk. Kasi @ Sk. Kasim @ Sk vs State Of Odisha
2022 Latest Caselaw 7204 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.652 OF 2015
            Kasi @ Sk. Kasi @ Sk. Kasim @ Sk. ....             Appellant
            Arif
                                               Mr.S.R. Rout, 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.342 OF 2021

14. 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 upon him for the conviction recorded under section-302 of the Indian Penal Code by the learned Sessions Judge, Cuttack in S.T. Case No.378 of 2013, pending disposal of this Appeal.

3. Learned Counsel for the Appellant submits that the mother of the Petitioner is an old lady and is suffering from various old age ailments and for the long detention of the Petitioner in custody as her no one is there in the house for taking care of her treatment, her ailments are aggravating day-by-day. He, therefore, submits that at this hour, presence of this Appellant at home by the side of his mother for some period is necessary.

4. Learned Counsel for the State opposes the move. He however, does not dispute the position that this Appellant is in custody since 24.03.2013.

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5. Taking into account the submissions made and on going through the impugned judgment of conviction; further keeping in view the period of detention of the Petitioner in custody; We are inclined to accept the prayer of the Appellant as advanced in the application. Accordingly, We direct that the Appellant (Kasi @ Sk. Kasi @ Sk. Kasim @ Sk. Arif) be released on interim bail for a period of eight(8) weeks from the date of his actual release from custody by the learned Sessions Judge, Cuttack in S.T. No.378 of 2013 on such terms and conditions as deemed just and proper by the Trial Court with further conditions that the Appellant shall not indulge himself in any criminal activity during the period of interim bail; and shall positively surrender before the Trial Court as would be so directed by the said Court on expiry of period of interim bail.

5. The I.A. is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge ORDER 09.12.2022 CRLA No.652 of 2015 Order No.

15. 1. List this Appeal for hearing in the 1st week of May, 2023.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge.

(Dr. S.K.Panigrahi), Judge

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Narayan