Aswini @ Aswini Kumar Padhi vs State Of Odisha
2023 Latest Caselaw 10297 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.1110 OF 2022
            Aswini @ Aswini Kumar Padhi    ....                      Appellant
                                                      Mr.S.K. Joshi, Advocate
                                           -versus-
            State of Odisha                           ....         Respondent
                                                      Mr.Sonak Mishra, ASC
                   MR. JUSTICE D. DASH
                   DR. JUSTICE S.K.PANIGRAHI

                                       ORDER

29.08.2023 Order No. I.A. No.1563 of 2023

27. 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 Appellant, namely, Aswini @ Aswini Kumar Padhi by the Trial Court while convicting him for the offence under section 302 of the Indian Penal Code by the learned Additional Sessions Judge, Kantabanji in Sessions Case No.07 of 2018, pending disposal of this Appeal and for his release on bail.

3. Heard learned counsel for the Appellant 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 this Appellant 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 period of detention of the Appellant in custody, this Court is inclined to

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direct for suspension of further execution of sentence imposed upon this Appellant. Accordingly, we direct that he (Aswini @ Aswini Kumar Padhi) be released on bail in Sessions Case No.07 of 2018 by the learned Additional Sessions Judge, Kantabanji pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further conditions that he shall positively surrender before the Trial Court as and when so required; shall not indulge himself in any criminal activity during the period of bail; and shall report before the Inspector-in- Charge of Bangomunda Police Station on every Monday in between 10.00 a.m. to 2.00 p.m. during the period of bail.

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

(D. Dash), Judge.

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

                                                ORDER
                                               29.08.2023
            Order No.                      CRLA No.1110 of 2022
               06.       1.     List this Appeal on 29.11.2023.

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

(D. Dash), Judge.

Signature Not Verified
Digitally Signed
Signed by: BASUDEV NAYAK                                               (Dr.S.K.Panigrahi),
Reason: Authentication
Location: OHC                                                                Judge.
Date: 30-Aug-2023 10:21:40


     Basu