Nrupati Behera & Anr vs State Of Odisha
2022 Latest Caselaw 7544 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.347 of 2022


        Nrupati Behera & Anr.                 ....         Appellants

                                     Mr. Bharat Bhusan Routray, Adv.

                                 -versus-

        State of Odisha                     ....          Respondent

                                             Mr. S.S. Kanungo, AGA



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

Order                           19.12.2022
No.                        I.A. No.1938 of 2022

03. 1. This matter is taken up through hybrid arrangement

(virtual / physical) mode.

2. The Appellant No.2 (Rajaram Behera) by filing this

application under Section 389 of the Cr.P.C. has prayed

for suspension of execution of sentence imposed upon

him in Sessions Case No.31 of 2018 by the learned

Additional Sessions Judge, Kantabanji and his release on

bail pending disposal of this Appeal.

// 2 //

3. Heard learned Counsel for the Appellants and learned

Additional Government Advocate for the State.

4. Taking into account the submissions made and on

going through the impugned judgment, we find that this

Appellant No.2 is the maternal uncle of the Appellant

No.1 who happens to be the husband of the deceased and

death having taken place on account of strangulation, the

Appellant No.1, husband of the deceased, has also been

convicted. It is also seen that the Appellant No.2 was all

along on bail during trial and no such report has been

placed that he had ever misused the liberty so granted;

and after pronouncement of the judgment, the Appellant

No.2 by now is in custody for more than six months.

Furthermore, in presence of Appellant No.2, this

Appellant No.1's direct role in the said incident does not

emerge from the evidence. In view of all these above;

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 No.2 in Sessions

Case No.31 of 2018 by the learned Additional Sessions

Judge, Kantabanji shall remain suspended in releasing the

Appellant No.2 on bail pending disposal of this Appeal.

5. Accordingly, it is directed that the Appellant No.2

(Rajaram Behera) be released on bail in the aforesaid case

// 3 //

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 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




                                                         (Dr. S.K. Panigrahi)
                                                                 Judge
                          CRLA No.347 of 2022

04. 1. List this matter in the week commencing 27th March,

2023.

2. Urgent certified copy of this order be granted on

proper application.

              .                                               (D. Dash)
                                                                Judge




                                                         (Dr. S.K. Panigrahi)
                                                                 Judge
B.Jhankar