Kanda @ Jogendra Dehury vs State Of Odisha
2022 Latest Caselaw 7578 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.594 of 2022


        Kanda @ Jogendra Dehury                ....           Appellant

                                                    Sk. Zafarulla, Adv.

                                   -versus-

        State of Odisha                       ....          Respondent

                                          Ms. Samapika Mishra, ASC



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

Order                           20.12.2022
No.                        I.A. No.1145 of 2022

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

(virtual / physical) mode.

2. The Appellant (Kanda @ Jogendra Dehury) 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 Trial No.83 of 2016 by the learned

Sessions Judge, Balasore and his release on bail pending

disposal of this Appeal.

// 2 //

3. Heard learned Counsel for the Appellant and learned

Additional Standing Counsel for the State.

4. Taking into account the submissions made and on

going through the impugned judgment, we find that the

case of the prosecution is based on circumstantial

evidence and the circumstances relied upon are last seen

theory and recovery of certain incriminating articles

pursuant to the disclosure statement made by the

Appellant which is being impeached in this Appeal on the

ground that the evidence on this score are fragile. It is also

seen from the records that the Appellant has remained in

custody from November, 2015 and the chance of early

disposal of this Appeal which has been filed in the year

2022 is bleak.

5. In view of the aforesaid; We are inclined to direct that

further execution of sentence imposed upon this

Appellant in Sessions Trial No.83 of 2016 by the learned

Sessions Judge, Balasore shall remain suspended in

releasing the Appellant on bail pending disposal of this

Appeal.

6. Accordingly, it is directed that the Appellant (Kanda @

Jogendra Dehury) 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

// 3 //

with further condition that the Appellant shall positively

surrender before the Trial Court as and when so required.

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

      .                                               (D. Dash)
                                                        Judge




                                                  (Dr. S.K. Panigrahi)
                                                          Judge
                 I.A. No.1146 of 2022
05.       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.594 of 2022

06. 1. List this matter in the week commencing 3rd April,

2023.

// 4 //

2. Urgent certified copy of this order be granted on

proper application.

            .                                         (D. Dash)
                                                        Judge




                                                  (Dr. S.K. Panigrahi)
                                                          Judge

B.Jhankar