Purna Chandra Dash & vs State Of Odisha
2022 Latest Caselaw 7440 Ori

                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLA No. 359 of 2021

             Purna Chandra Dash &                    ....                   Appellants
             Another
                                                      Mr. P.K. Satapathy, Advocate
                                                -Versus -
             State of Odisha                         ....                Respondent
                                                           Mr. S.S. Kanungo, AGA
                                                      Mr. Manas Ranjan Panda, Adv.
                                                                    (for informant)
                          CORAM:
                          MR. JUSTICE D. DASH
                          MR. JUSTICE SASHIKANTA MISHRA

                                            ORDER_
                                            15.12.2022

                                        I.A. No. 668 of 2021

Order No.    1.    This matter is taken up through hybrid arrangement
   02.       (virtual/physical) mode.
             2.    Heard.
             3.    There shall be stay realization of fine till disposal of the
             Appeal.
             4.    The I.A. is accordingly disposed of.


                                                             (D. Dash),
                                                               Judge


                                                          (Sashikanta Mishra),
                                                                  Judge
                                            ORDER_
                                            15.12.2022
                                        I.A. No. 667 of 2021

Order
Order No.
       No.   1.   This   matter   is    taken   up   through    hybrid    arrangement
   03.       (virtual/physical) mode.

                                                                          Page 1 of 1
 2.    This is an application under Section 389 Cr.P.C. for suspension
of execution of sentence imposed upon the Appellants, namely, Purna
Chandra Dash and Ganesh Dash @ Girija Prasad Dash by the Trial
Court while convicting them for the offence under Section 302 of IPC
and their release on bail pending disposal of this Appeal.
3.    Heard Mr. P.K. Satapathy, learned counsel appearing for the
Appellants and Mr. S.S. Kanungo, learned Addl. Government
Advocate for the Respondent.

4.    Taking into account the submissions made and on going
through the impugned judgment as well as the depositions of the
prosecution witnesses further keeping in view the circumstances
which have emerged from the evidence and the conduct of these
appellants as also the happenings before the actual incident and the
period of their detention in custody while being inclined to direct
suspension of further execution of sentence against the Appellant
No.2, namely, Ganesh Dash @ Girija Prasad Dash, we are not
inclined to accept the prayer in respect of Appellant No.1, namely,
Purna Chandra Dash in that regard.
5.    Accordingly, it is directed that the Appellant No.2 (Ganesh
Dash @ Girija Prasad Dash) 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 the Appellant No.2 shall
positively surrender before the Trial Court as and when so required.
6.    The I.A. is accordingly disposed of.



                                              (D. Dash),
                                                Judge


                                         (Sashikanta Mishra),
                                                Judge
                                                             Page 2 of 2
                                        ORDER

15.12.2022 CRLA No. 359 of 2021

Order No. List this matter in the week commencing 27th March, 2023

4. along with CRLA No. 255 of 2021.

(D. Dash), Judge

(Sashikanta Mishra), Judge A.K. Rana