Citation : 2023 Latest Caselaw 8792 Ori
Judgement Date : 8 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.16 OF 2020
Apu @ Ajit Das .... Appellant
Mr.S.Panda, Advocate
-versus-
State of Odisha .... Respondent
Mr. D.K.Mishra, AGA.
CORAM:
MR. JUSTICE D.DASH
DR. JUSTICE S.K. PANIGRAHI
Order No. Order
06. 08.08.2023
I.A. No.706 of 2023
1. The matter is taken up through hybrid arrangement
(virtual/ physical) mode.
2. The Appellant, by filing this Appeal, under section 389 of
the Code of Criminal Procedure, 1973, has prayed for his release
on bail pending disposal of this Appeal in connection with Kujang
P.S. Case No.177 of 2014 of the Court of the learned Additional
Sessions Judge, Kujang in Criminal Trial No.91 of 2015 (Criminal
Trial No.100 of 2015).
3. Heard learned counsel for the Appellant and learned
counsel for the State.
4. Taking into account the submissions made and on going
through the judgment passed by the Trial Court and the fact that no
such criminal antecedent is reported against the Appellant during
the period when he was on bail; further keeping in view the period
of detention of Appellant in custody for last seven years; We are
inclined to direct that further execution of sentence imposed upon
this Appellant in Criminal Trial No.91 of 2015 (Criminal Trial
No.100 of 2015) by the learned Additional Sessions Judge, Kujang
Page 1 of 3
// 2 //
shall remain suspended till disposal of this Appeal and the
Appellant be released on bail pending disposal of this Appeal.
Accordingly, it is directed that the Appellant, namely, Apu
@ Ajit Das 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:-
a) Appellant will appear before the Inspector-in-Charge of
Kujang Police Station every Monday in between 10.00 am
to 1.00 pm;
b) will not leave the jurisdiction of the Court in seisin of the
case;
c) will not indulge himself in any criminal activity;
d) will positively surrender before the Trial Court as and when
so required.
Violation of any of the condition(s) shall entail cancellation
of the bail.
the Appellant shall
5. The I.A. is accordingly disposed of.
Issue urgent certified copy of this order as per rules.
(D. Dash),
Judge
(Dr. S.K.Panigrahi)
Judge
ORDER
Order No. 08.08.2023
// 3 //
CRLA 16 OF 2020
07. 1. List this matter in the week commencing 13th November, 2023.
(D. Dash), Judge
(Dr. S.K.Panigrahi) Judge
Gitanjali
Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 11-Aug-2023 16:33:58
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