Pramod Kumar Behera vs State Of Odisha
2022 Latest Caselaw 6527 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLA No.84 of 2019
            Pramod Kumar Behera                   ....            Appellant
                                                           Mr.H.S. Mishra
                                                                Advocate
                                       -versus-

            State of Odisha                       ....          Respondent
                                                            Miss.S.Mishra,
                                                                     ASC
                    CORAM:
                    MR. JUSTICE D.DASH
                    Dr.JUSTICE S.K.PANIGRAHI
                                       ORDER

14.11.2022 Order No. I.A. No.238 of 2019

07. 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, Pramod Kumar Behera by the Trial Court while convicting him for the offence under section 364-A/34 IPC and section 120-B IPC read with section 364-A IPC 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 role said to have been played by this Appellant as it reveals from the evidence on record and the fact that the Appellant has by now remained in custody for a period of about ten years when the disposal of the Appeal is not likely to take place so soon; We are inclined to direct that further execution of sentence imposed

// 2 //

upon this Appellant in S.T. No.139 of 2014 by the learned Additional Sessions Judge, Chhatrapur (Ganjam) shall remain suspended till disposal of this Appeal.

Accordingly, it is directed that the Appellant (Pramod Kumar 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 I.A. is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge ORDER 14.11.2022 Order No. CRLA No.84 of 2019

08. 1. List this Appeal for final hearing in the second week of March, 2023 along with CRLA Nos.5 & 136 of 2019.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge.

(Dr. S.K.Panigrahi), Judge

Basu