Sudarshan Bariha vs State Of Odisha
2022 Latest Caselaw 7244 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.119 of 2021
        Sudarshan Bariha                     ....         Appellant
                                                  Mr. R. Roy, Adv.
                                  -versus-
        State of Odisha                   ....          Respondent
                                         Ms. Samapika Mishra, ASC



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

Order                            09.12.2022
No.                         I.A. No.213 of 2021

07. 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 Crl. Trial No.26 of 2017 by

the learned Additional Sessions Judge, Padampur 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.

4. Taking account the submissions made and on going

through the impugned judgment as well as the

depositions of the prosecution witnesses; further keeping

// 2 //

in view the manner in which the incident said to have

been taken place as has been stated by P.W.8 who is being

impeached by the Appellant on various grounds and the

factum of detention of the Appellant in custody since

19.08.2016; when the Appeal is not likely to be heard and

disposed of early; We are inclined to direct that further

execution of sentence imposed upon this Appellant in Crl.

Trial No.26 of 2017 by the learned Additional Sessions

Judge, Padampur shall remain suspended in releasing the

Appellant on bail pending disposal of this Appeal.

5. Accordingly, it is directed that the Appellant

(Sudarshan Bariha) be released on bail in the aforesaid

case 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.

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

.                                               (D. Dash)
                                                  Judge




                                           (Dr. S.K. Panigrahi)
                                                   Judge

                                              // 3 //




                       I.A. No.212 of 2021
     08.        1. Heard.

2. There shall be stay realization of fine imposed upon the

Appellant till disposal of the Appeal.

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

            .                                                (D. Dash)
                                                               Judge




                                                         (Dr. S.K. Panigrahi)
                                                                 Judge
                        CRLA No.119 of 2021

05. 1. List this matter in the week commencing 20th March,

2023.

2. Urgent certified copy of this order be granted on

proper application.

            .                                                (D. Dash)
                                                               Judge




                                                         (Dr. S.K. Panigrahi)
                                                                 Judge

B.Jhankar