Mantu Patra vs State Of Odisha
2022 Latest Caselaw 7380 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLA No.65 of 2020
            Mantu Patra                            ....             Appellant
                                                                 Mr.A.Jena.
                                                                  Advocate
                                        -versus-

            State of Odisha                        ....          Respondent
                                                          Mr.S.Nayak,AGA

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

14.12.2022 Order No. I.A. No.134 of 2020

11. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Mantu Patra by the Trial Court while convicting him for the offences and his release on bail pending disposal of this Appeal.

3. Heard.

4. Taking into account the submissions made and on going through the impugned judgment passed by the Trial Court as well as the deposition of prosecution witnesses; further keeping in view the role said to have been played by this Appellant who is said to be similarly situated with convicts Jimuta Das, Subhransu Sekhar Sukla and Dora @ Ranjit Rout who have been released on bail pending disposal of this appeal, we are inclined to direct that the execution of sentence imposed upon this Appellant in C.T. Case

// 2 //

No.91/100 of 2015 by the learned Additional District & Sessions Judge, Kujang shall remain suspended till disposal of this Appeal.

Accordingly, it is directed that the Appellant (Mantu Patra) 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

(G.Satapathy) Judge ORDER 14.12.2022 Order No. CRLA No.65 of 2020

12. 1. List this Appeal for final hearing in the second week of January, 2023.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge.

(G.Satapathy), Judge

Kishore