Sunil Singh @ Sunil Das vs State Of Orissa & Anr
2023 Latest Caselaw 3664 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    JCRLA No.45 of 2019
        Sunil Singh @ Sunil Das              ....           Appellant
                                      Ms. Bijayalaxmi Tripathy, Adv.
                                  -versus-
        State of Orissa & Anr.             ....           Respondent
                                           Mr. Sitikant Mishra, ASC



                 CORAM:
                 MR. JUSTICE D. DASH
                 DR. JUSTICE S.K. PANIGRAHI
                                ORDER

Order                          18.04.2023
No.                        I.A. No.45 of 2023

04. 1. This matter is taken up through hybrid arrangement

(virtual / physical) mode.

2. The Appellant (Sunil Singh @ Sunil Das) by filing this

application under Section 389 of the Cr.P.C. has prayed

for suspension of execution of sentence imposed upon

him in Sessions Trial No.35 of 2015 by the learned

Sessions Judge, Ganjam, Berhampur and his release on

bail pending disposal of this Appeal.

3. Heard learned Counsel for the Appellant and learned

Additional Standing Counsel for the State.

4. Considering the submissions made and on going

through the impugned judgment of conviction; and also

// 2 //

taking into account the factum of detention of the

Appellant in custody since 22.08.2014 when the hearing of

the appeal is not likely to be taken up soon; We are

inclined to direct that further execution of sentence

imposed upon this Appellant in Sessions Trial No.35 of

2015 by the learned Sessions Judge, Ganjam, Berhampur

shall remain suspended in releasing the Appellant on bail

pending disposal of this Appeal.

5. Accordingly, it is directed that the Appellant (Sunil

Singh @ Sunil Das) be released on bail in the aforesaid

case 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.

6. The I.A. is, accordingly, disposed of.

.                                               (D. Dash)
                                                  Judge



                                           (Dr. S.K. Panigrahi)
                                                   Judge





                                      // 3 //




             JCRLA No.45 of f2019

05. 1. List this matter for hearing in the week commencing

11th September, 2023.

2. Urgent certified copy of this order be granted on

proper application.

       .                                           (D. Dash)
                                                     Judge




                                               (Dr. S.K. Panigrahi)
                                                       Judge

B.Jhankar