Maniram Gond vs State Of Odisha
2023 Latest Caselaw 10226 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA NO.587 OF 2023
            Maniram Gond                         ....            Appellant
                                             Mr.Niranjan Panda, Advocate
                                       -versus-
            State of Odisha                      ....          Respondent
                                                 Mr. P.K. Mohanty, ASC.
                                      ORDER

28.08.2023 Order No. I.A. NO.1293 OF 2023

03. 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. has prayed for suspension of execution of sentence imposed upon him for the conviction recorded under section-302 of the Indian Penal Code by the learned Additional District & Sessions Judge, Umerkote in C.T. Case No.137 of 2016, pending disposal of this Appeal.

3. Heard learned Counsel for the Appellant and learned Additional Government Advocate.

4. Keeping in view the submissions made and on going through the impugned judgment as well as the depositions of the witnesses placed by the learned Counsel for the Appellant when it is seen that the Appellant being on bail during the trial is not stated to have misused the liberty so granted and the likelihood of this Appeal's disposal so early is bleak; we are inclined to direct that further execution of sentence imposed upon this Appellant (Maniram Gond) in C.T. Case No.137 of 2016 by the learned Additional District & Sessions Judge, Umerkote shall remain suspended till disposal of this Appeal.

// 2 //

Accordingly, it is directed that the Appellant (Maniram Gond) 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 he shall positively surrender before the Trial Court as and when required; and shall not indulge himself in any criminal activity.

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

(D. Dash), Judge.

(Dr. S.K.Panigrahi), Judge.

                                                           ORDER
                                                          28.08.2023
                   Order No.                           CRLA No.587 of 2023
                        04.        1.      List this Appeal for hearing in the week commencing 15th
                                   January, 2024.

2. The Paper Book be prepared in the meantime.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

(Dr. S.K.Panigrahi), Judge.

Signature Not Verified Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Narayan Location: OHC Date: 30-Aug-2023 18:23:10