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Tarini Pradhani & Others vs State Of Odisha
2023 Latest Caselaw 8499 Ori

Citation : 2023 Latest Caselaw 8499 Ori
Judgement Date : 3 August, 2023

Orissa High Court
Tarini Pradhani & Others vs State Of Odisha on 3 August, 2023
                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA NO.586 OF 2022

            Tarini Pradhani & Others              ....            Appellants
                                                       Mr.S.Dash, Advocate
                                       -versus-

            State of Odisha                       ....          Respondent
                                                         Mr.S.Mishra, ASC

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

03.08.2023 Order No. I.A. No.1645 of 2023

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

2. Keeping in view the facts mentioned in the memo files in Court today which is taken on record, this I.A stands dismissed as not pressed.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge ORDER 03.08.2023 Order No. I.A. No.1823 of 2023

12. 1. This application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant No.1 and Appellant No.3, namely, Tarini Pradhani and Santosh Kumar Pradhani respectively by the Trial Court while convicting them for

// 2 //

the offence under section 302/201/34 of the Indian Penal Code and their release on bail pending disposal of this Appeal.

2. Heard Mr.S.Dash, learned counsel for the Appellants and Mr.S.Mishra, learned Additional Standing Counsel for the Respondent.

3. Taking into account the submissions made and on going through the impugned judgment of conviction passed by the Trial Court; further keeping in view the illness of Appellant No.3 and treatment that he is undergoing, for which the presence of other Appellant No.1 being necessary as placed; we are inclined to direct that further execution of sentence imposed upon these Appellants in C.T. Case No.124 of 2015 by the learned Additional Sessions Judge, Koraput shall remain suspended till disposal of this Appeal and the Appellants be released on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellants No.1 and 3, namely, Tarini Pradhani and Santosh Kumar Pradhani 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 they will positively surrender before the Trial Court as and when so required.

The I.A. is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

// 3 //

ORDER 03.08.2023 CRLA No.586 OF 2022 Order No.

13. 1. List this matter in the week commencing 13th November, 2023.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

Gitanjali

Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 09-Aug-2023 15:43:43

 
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