Surendra Jani & Others vs State Of Odisha
2023 Latest Caselaw 2864 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLA No.270 of 2021

            Surendra Jani & Others        ....                  Appellants
                                                          Mr.D.K. Sahoo,
                                                               Advocate
                                         -versus-

            State of Odisha               ....                 Respondent
                                                       Mr.S. Mishra, ASC
                                                       Mr.B.S. Das, Adv.
                                                              (Informant)

                    CORAM:
                    MR. JUSTICE D.DASH
                    Dr. JUSTICE S.K. PANIGRAHI

                                        ORDER

05.04.2023

I.A. No.148 of 2023 Order No.

07. 1. The Appellant No.2, Somanath Jani @ Somanath, by filing this application under section 389, Cr.P.C. has prayed for suspension of execution of sentence imposed upon him in S.T. Case No.69 of 2016 by the learned Additional Sessions Judge-cum- Special Judge, Paralakhemundi and his release on bail pending disposal of this Appeal.

3. Heard learned counsel for the Appellant and learned counsel for the Informant as also learned Additional Standing Counsel for the State.

4. Taking into account the submissions made and on going through the impugned judgment of conviction; further keeping in view the role said to have been played by this Appellant and other surrounding circumstances prior to the happening of the actual incident as those emerge from the evidence of the witnesses and looking at the period of detention of the Appellant in custody as

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well as the factum of grant of bail to the co-convict Rushinath Jani @ Rushi, We are inclined to direct that further execution of sentence imposed upon this Appellant No.2 (Somanath Jani @ Somanath) in S.T. Case No.69 of 2016 passed by the learned Additional Sessions Judge-cum-Special Judge, Paralakhemundi shall remain suspended and he be released on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant No.2 (Somanath Jani @ Somanath) 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 05.04.2023 Order No. CRLA No.270 of 2021

08. 1. List this matter in the week commencing 1st May, 2023.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge Himansu