Tushar Panda vs State Of Odisha
2022 Latest Caselaw 7447 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.482 of 2019

            Tushar Panda                           ....             Appellant
                                                  Mr.D.P.Dhal, Sr. Advocate
                                       -versus-
            State of Odisha                         ....          Respondent
                                                         Miss.S.Mishra, ASC
                     CORAM:
                     MR. JUSTICE D.DASH
                     MR. JUSTICE SASHIKANTA MISHRA

                                      ORDER

15.12.2022 I.A. No.1109 of 2019 Order No.

11. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard Mr.D.P.Dhal, learned counsel for the Appellant and Miss.S.Mishra, learned ASC for the Respondent.

3. This application has been filed under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Tushar Panda by the Trial Court while convicting him under section 148/294/323/325/326/307/302/149 IPC and his release on bail pending disposal of this Appeal.

4. Taking into account the submissions made and on going through the impugned judgment of conviction passed by the Trial Court as well as the depositions of the witnesses, further viewing the role of this Appellant as emanate from the evidence and other surrounding circumstances including the period of detention of the Appellant in custody since 20.10.2013 when the Appeal is not likely

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to be disposed of early; We are inclined to direct that further execution of sentence imposed upon this Appellant in Sessions Trial Case No.97 of 2014 by the learned 1st Additional Sessions Judge, Cuttack shall remain suspended and Appellant be released on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant, namely, Tushar Panda 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.

5. The I.A. is accordingly disposed of.

(D. Dash), Judge

(Sashikanta Mishra) Judge ORDER 15.12.2022 Order No. CRLA No.482 of 2019

12. 1. List this matter in the week commencing 10th April, 2023 for hearing.

2. Paper Book be prepared in the meantime.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(Sashikanta Mishra) Judge Basu