Sri Chittaranjan Behera vs State Of Odisha
2022 Latest Caselaw 6525 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLA No.386 of 2016
            Sri Chittaranjan Behera                ....             Appellant
                                                              Mr.D.P. Dhal,
                                                               Sr. Advocate
                                        -versus-

            State of Odisha                        ....          Respondent
                                                          Mr.S.S. Kanungo,
                                                                Addl. G.A.
                    CORAM:
                    MR. JUSTICE D.DASH
                    Dr.JUSTICE S.K.PANIGRAHI
                                       ORDER

14.11.2022 Order No. Misc. Case No.1081 of 2016

09. 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, Sri Chittaranjan Behera by the Trial Court while convicting him for the offence under section 302 of the Indian Penal Code and his release on bail pending disposal of this Appeal.

3. Heard.

4. Taking into account the submissions made and on going through the judgment passed by the Trial Court; further keeping in view the evidence on record with regard to the nature of death of the deceased as also the period of detention of the Appellant in custody after pronouncement of the judgment when he was on bail during trial and is not said to have the mis-utilized the liberty and even during the period he remained on interim bail by the order of this Court and as the disposal of the Appeal is not likely to take

// 2 //

place so soon; We are inclined to direct that the execution of sentence imposed upon this Appellant in S.T. No.54/45 of 2013/2001 by the learned 2nd Additional Sessions Judge, Balasore shall remain suspended till disposal of this Appeal.

Accordingly, it is directed that the Appellant (Chittaranjan Behera) 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 Misc. Case is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge ORDER 14.11.2022 Order No. Misc. Case No.1082 of 2016

10. 1. Heard.

2. There shall be stay realization of fine imposed upon the Appellant till disposal of the Appeal.

3. The Misc. Case is accordingly disposed of.

(D. Dash), Judge.

(Dr. S.K.Panigrahi), Judge

// 3 //

ORDER Order No. 14.11.2022 CRLA No.386 of 2016

11. 1. List this Appeal for final hearing in the third week of March, 2023.

The Paper Book be prepared in the meantime. Issue urgent certified copy of this order as per rules.

(D. Dash), Judge.

(Dr. S.K.Panigrahi), Judge

Basu