Dillip Kumar Acharya @ Babu vs State Of Odisha
2022 Latest Caselaw 6529 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 CRLA No.5 of 2019
            Dillip Kumar Acharya @ Babu                ....           Appellant
                                                                    Mr.R.Ray
                                                                    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.1856 of 2022

26. 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, Dillip Kumar Acharya @ Babu by the Trial Court while convicting him for the offence under section 364/364- A/302/201/120-B/34 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 then mis-utilized the liberty and even during the period, he remained on interim bail by the order of

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this Court and as disposal of the Appeal is not likely to take place so soon; We are inclined to direct that further execution of sentence imposed upon this Appellant in S.T. No.139 of 2014 by the learned Additional Sessions Judge, Chatrapur (Ganjam) shall remain suspended till disposal of this Appeal.

Accordingly, it is directed that the Appellant (Dillip Kumar Acharya @ Babu) 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.5 of 2019

27. 1. List this Appeal along with CRLA No.84 of 2019.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge.

(Dr. S.K.Panigrahi), Judge

Basu