Fakir Mohan Mallick vs State Of Odisha
2022 Latest Caselaw 5984 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.160 of 2019
            Fakir Mohan Mallick                   ....            Appellant
                                                           Mr.T.Panigrahi,
                                                                Advocate

                                       -versus-

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

28.10.2022 Order No. I.A. No.489 of 2019

08. 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, Fakir Mohan Mallick by the Trial Court while convicting him for the offence under section 302/120-B.

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 in the entire incident as stated to by the witnesses examined from the side of the prosecution in the trial and other surrounding circumstances; We are inclined to direct that the execution of sentence imposed upon this Appellant in S.T. Case No.95/64 of 2016 by the learned Additional Sessions Judge, Nimapara shall remain suspended till disposal of this Appeal.

// 2 //

Accordingly, it is directed that the Appellant (Fakir Mohan Mallick) 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 appear 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 28.10.2022 Order No. CRLA No.160 of 2019

09. 1. List this Appeal for hearing in the second week of February, 2023 along with JCRLA No.36 of 2019.

Issue urgent certified copy of this order on proper application.

(D. Dash), Judge.

(Dr. S.K.Panigrahi), Judge

Basu