Satrughana Behera vs State Of Odisha
2023 Latest Caselaw 4445 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          JCRLA No.28 of 2021
        Satrughana Behera                      ....          Appellant

                                             Ms. Kaberi Mohanty, Adv.

                                  -versus-

        State of Odisha                      ....           Respondent

                                                  Mr. S. Kanungo, ASC



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

                                  ORDER

Order                            26.04.2023
No.                         I.A. No.137 of 2022

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

(virtual / physical) mode.

2. This is an application under Section 389 of the Cr.P.C.

for suspension of execution of sentence imposed upon the

Appellant, namely, Satrughana Behera in S.T. No.12-3 of

2018 by the learned Additional Sessions Judge, Nayagarh

for his conviction for commission of offences under

Sections 498A/302 of the I.P.C. and his release on bail

pending disposal of this Appeal.

// 2 //

3. Heard learned Counsel for the Appellant and learned

Additional Standing Counsel for the State.

4. Taking into account the submissions made and on

going through the judgment passed by the Trial Court as

well as the depositions of the prosecution witnesses,

further keeping in view the role said to have been played

by the Appellant and the manner in which the incident

had taken place as emerged from the evidence; We are not

inclined to direct for suspension of further execution of

the sentence and grant him on bail pending disposal of

this Appeal. However, considering the fact that his old

parents are depending on him and they would suffer in

his absence as pointed out by the learned counsel for the

Appellant, we are inclined to grant interim bail to the

Appellant for a period of four months from the date of his

actual release from custody. Accordingly, it is directed

that the Appellant, namely, Satrughana Behera be

released on interim bail in the aforesaid case for a period

of four (4) months from the date of his actual release from

custody 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

// 3 //

Court as would be so directed by the said Court on expiry

of period of interim bail.

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

       .                                                (D. Dash)
                                                          Judge




                                                   (Dr. S.K. Panigrahi)
                                                           Judge

             JCRLA No.28 of 2021

05. 1. List this matter for hearing on 21st August, 2023.

2. Urgent certified copy of this order be granted on

proper application.

       .                                                (D. Dash)
                                                          Judge




                                                   (Dr. S.K. Panigrahi)
                                                           Judge

B.Jhankar