Runa Behera & Others vs State Of Odisha
2023 Latest Caselaw 10296 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.198 OF 2023
            Runa Behera & Others           ....                        Appellants
                                                   Mr.A. Tripathy, Advocate
                                        -versus-
            State of Odisha                         ....           Respondent
                                                       Mr.D.K.Mishra, AGA
                   MR. JUSTICE D. DASH
                   DR. JUSTICE S.K.PANIGRAHI

                                       ORDER

29.08.2023 Order No. I.A. No.418 of 2023

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

2. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellants, the Trial Court while convicting them for the offence under section 302/34 of the Indian Penal Code by the learned Additional Sessions Judge, Kamakshyanagar in C.T. (Ss) No.23 of 2013, pending disposal of this Appeal and for their release on bail.

3. Heard learned counsel for the Appellants and learned Additional Government Advocate for the Respondent.

4. Taking into account the submissions made and on going through the judgment passed by the Trial Court; further keeping in view the role said to have been played by these Appellants in the entire incident as stated to by the witnesses examined from the side of the prosecution in the trial which are impeached on several grounds and other surrounding circumstances especially the fact that they were on bail during trial and it is not stated that they had misused the liberty; this Court is inclined to direct for suspension

// 2 //

of further execution of sentence imposed upon these Appellants. Accordingly, we direct that they (Runa Behera, Debaki Behera and Abhi Behera) be released on bail in C.T. (Ss) No.23 of 2013 by the learned Additional Sessions Judge, Kamakshyanagar pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further conditions that they shall positively surrender before the Trial Court as and when so required.

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

(D. Dash), Judge.

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

                                                ORDER
                                               29.08.2023
         Order No.                          CRLA No.198 of 2023
             06.         1.     List this Appeal on 11.12.2023 along with CRLA No.225
                         of 2023.

Issue urgent certified copy of the is order as per rules.

(D. Dash), Judge.

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

Signature Not Verified Digitally Signed Signed by: BASUDEV NAYAK Reason:Basu Authentication Location: OHC Date: 30-Aug-2023 10:21:40