Santosh Kumar Jena vs State Of Odisha
2023 Latest Caselaw 10463 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.199 OF 2023
            Santosh Kumar Jena             ....                     Appellant
                                              Mr.Debasnan Dash, Advocate
                                        -versus-
            State of Odisha                        ....           Respondent
                                                    Mr.P.K. Mohanty, ASC
                   MR. JUSTICE D. DASH
                   DR. JUSTICE S.K.PANIGRAHI

                                      ORDER

30.08.2023 Order No. I.A. No.1615 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 Appellant, namely, Santosh Kumar Jena by the Trial Court while convicting him for the offence under section 302 of the Indian Penal Code by the learned 2nd Additional Sessions Judge, Puri in S.T.20/168 of 2017, pending disposal of this Appeal and for his release on bail.

3. Heard learned counsel for the Appellant and learned State Counsel 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 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 (Santosh Kumar Jena) be released on bail in S.T.20/168 of 2017 by the learned 2nd Additional Sessions Judge, Puri 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 so required.

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

(D. Dash), Judge.

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

                                                ORDER
                                               30.08.2023
            Order No.                       CRLA No.199 of 2023
               05.       1.     List this Appeal in the week commencing 04.12.2023.

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

(D. Dash), Judge.

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

Basu

Signature Not Verified Digitally Signed Signed by: BASUDEV NAYAK Reason: Authentication Location: OHC Date: 31-Aug-2023 10:33:14