Santosh Padhi vs State Of Odisha
2022 Latest Caselaw 7208 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.283 OF 2016

            Santosh Padhi                           ....            Appellant

                                                   Mr.B.K.Ragada, Advocate
                                        -versus-
            State of Odisha                         ....           Respondent
                                                         Mr.S.K.Nayak, AGA

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

                                      ORDER

08.12.2022 Order No. I.A. No.1953 of 2022

25. 1. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Santosh Padhi by the Trial Court while convicting him for the offence under section 498-A/304-B of IPC and section 4 of D.P. Act, and his 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, when it is seen that the Appellant was on bail during trial and now after the conviction, he is in custody from April, 2016 and there is no direct evidence in connecting the Appellant in crime when the circumstances emerging from evidence are stated to be fragile and the Appeal is not likely to be disposed of so early; We are inclined to direct that further execution of sentence imposed upon this Appellant in S.T. Case No.46 of 2008 (S.T. Case No.245 of 2008-GDC) by the learned 2nd Additional Sessions Judge,

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Berhampur shall remain suspended and the Appellant be released on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant, namely, Santosh Padhi 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 I.A. is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

ORDER 08.12.2022 Order No. CRLA 283 of 2016

26. 1. List this matter on 27.03.2023 for final hearing.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge Gitanjali