Sivha @ Kandua @ Baia @ vs State Of Odisha
2023 Latest Caselaw 8394 Ori

                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                           CRLA No.378 of 2023
                                            Sivha @ Kandua @ Baia @         ....          Appellant
                                            Banamali Patra
                                                                   Mr. Ramani Kanta Pattanaik, Adv.
                                                                  -versus-
                                            State of Odisha                ....         Respondent
                                                                            Mr. D.K. Mishra, AGA

                                                        CORAM:
                                                        MR. JUSTICE D. DASH
                                                        DR. JUSTICE S.K. PANIGRAHI
                                                                     ORDER

                     Order                                          01.08.2023
                     No.                                       I.A. No.844 of 2023

03. 1. This matter is taken up through hybrid arrangement

(virtual / physical) mode.

2. The Appellant (Sivha @ Kandua @ Baia @ Banamali

Patra) by filing this application under Section 389 of the

Cr.P.C. has prayed for suspension of execution of

sentence imposed upon him in C.T. Case No.50 of 2018 by

the learned Presiding Officer, Special Court under the SC

& ST (PoA) Act, Cuttack and his release on bail pending

disposal of this Appeal.

3. Heard learned Counsel for the Appellant and learned

Additional Government Advocate for the State.

4. Considering the submissions made and on going

through the impugned judgment of conviction; further

Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 01-Aug-2023 16:41:33 // 2 //

keeping in view the fact that the Appellant is in custody

since 08.04.2018; since the hearing of the appeal is not

likely to take place soon; We are inclined to direct that

further execution of sentence imposed upon this

Appellant in C.T. Case No.50 of 2018 by the learned

Presiding Officer, Special Court under the SC & ST (PoA)

Act, Cuttack shall remain suspended in releasing the

Appellant on bail pending disposal of this Appeal.

5. Accordingly, it is directed that the Appellant (Sivha @

Kandua @ Baia @ Banamali Patra) be released on bail in

the aforesaid case 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 positively surrender before the Trial Court as and

when so required.

6. The I.A. is, accordingly, disposed of.

                                   .                                                    (D. Dash)
                                                                                          Judge



                                                                                   (Dr. S.K. Panigrahi)
                                                                                           Judge



Signature Not Verified
Digitally Signed

Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 01-Aug-2023 16:41:33 // 3 //

CRLA No.378 of 2023

04. 1. List this matter for hearing in the week commencing

11th December, 2023.

2. Urgent certified copy of this order be granted on

proper application.

                                   .                                                (D. Dash)
                                                                                      Judge




                                                                                (Dr. S.K. Panigrahi)
                                                                                        Judge

                         B.Jhankar





Signature Not Verified
Digitally Signed

Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 01-Aug-2023 16:41:33