Prafulla Punji @ Majhi vs State Of Odisha
2023 Latest Caselaw 10061 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              JCRLA NO.86 OF 2018
            Prafulla Punji @ Majhi                ....           Appellant,
                                                  Mrs.C. Kasturi,Advocate
                                       -versus-
            State of Odisha                        ....        Respondent
                                                   Mr.P.K. Mohanty, ASC.
                    CORAM:
                    MR. JUSTICE D.DASH
                    DR. JUSTICE S.K. PANIGRAHI
                                   ORDER

25.08.2023 Order No. I.A. NO.13 OF 2023

07. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. The Appellant by filing this Application under section-389 of the Cr.P.C. have prayed for suspension of execution of the sentence imposed upon him for the conviction recorded under section-302 of the Indian Penal Code by the learned Sessions Judge, Nuapada in Criminal Trial No.32 of 2012, pending disposal of this Appeal.

3. Heard learned Counsel for the Appellant and learned Counsel for the State.

4. Considering the submissions made and on going through the impugned judgment of conviction as well as the depositions of the witnesses examined from the side of the prosecution; further keeping in view the manner in which the incident is said to have taken place as have been stated by the witnesses, when we find that the Appellant is in custody since last twelve (12) years and there is no likelihood of early disposal of this Appeal; we are inclined to direct for suspension of further execution of sentence imposed upon

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the Appellant in Criminal Trial No.32 of 2012 by the learned Sessions Judge, Nuapada and his release on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant (Prafulla Punji @ Majhi) 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 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
                                      25.08.2023
    Order No.                     JCRLA NO.86 OF 2018
          08.   1.     List this Appeal for hearing in the week commencing 28th
                November, 2023.

Issue urgent certified copy of this order on proper Application.

(D. Dash), Judge.

(Dr. S.K. Panigrahi) Judge.

Narayan