Funu @ Jogeswar @ Jogeswar vs State Of Odisha
2022 Latest Caselaw 7205 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.629 of 2022
        Funu @ Jogeswar @ Jogeswar           ....         Appellant
        Meher

                                            Mr. Anirudha Das, Adv.

                                 -versus-

        State of Odisha                     ....        Respondent

                                        Ms. Samapika Mishra, ASC

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

Order                         08.12.2022
No.                      I.A. No.1893 of 2022

04. 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 on him in Sessions Case No.37/9/10

of 2012-2013 by the learned Additional Sessions Judge,

Patnagarh and his release on bail pending disposal of this

Appeal.

3. Heard learned Counsel for the Appellant and learned

Additional Standing Counsel for the State.

// 2 //

4. Taking into account the submissions made and on

going through the impugned judgment as well as the

depositions of the prosecution witnesses and further

viewing other surrounding circumstances, We are not

inclined to accept the prayer, as advanced in the

Application for suspension of execution of sentence and

release the Appellant on bail pending disposal of the

Appeal. However, considering the long period of

detention of the Appellant in custody i.e. since 31.10.2011,

We are inclined to grant interim bail to the Appellant for a

period of three months with effect from the date of his

actual release from custody.

5. Accordingly, it is directed that the trial court shall

release the Appellant (Funu @ Jogeswar @ Jogeswar

Meher) on interim bail in the aforesaid case for a period of

three months with effect from the date of his actual

release from custody 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 would be so directed by the said

court on expiry of period of interim bail and that he shall

not indulge himself in any criminal activity during the

period of interim bail as well as he shall appear before the

I.I.C., Belpada Police Station, Belpada, District- Bolangir

// 3 //

on every Monday in between 10.00 A.M. to 2.00 P.M.

during the period interim bail.

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

            .                                               (D. Dash)
                                                              Judge




                                                       (Dr. S.K. Panigrahi)
                                                               Judge



                       CRLA No.629 of 2022

05. 1. List this matter in the week commencing 3rd April,

2023.

2. Urgent certified copy of this order be granted on

proper application.

            .                                               (D. Dash)
                                                              Judge




                                                       (Dr. S.K. Panigrahi)
                                                               Judge

B.Jhankar