Orissa High Court
Ramamurty Gamango vs State Of Odisha on 11 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.715 of 2023
Ramamurty Gamango .... Appellant
Mr. A.P. Bose, Adv.
Mr. S. Swain, Adv.
-versus-
State of Odisha .... Respondent
Mr. D.K. Mishra, AGA
CORAM:
MR. JUSTICE D. DASH
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 11.08.2023
No. I.A. No.1517 of 2023
04. 1. This matter is taken up through hybrid arrangement
(virtual / physical) mode.
2. This is an application under Section 389 of the Cr.P.C.
for suspension of execution of sentence imposed upon the
Appellant, namely, Ramamurty Gamango by the learned
3rd Additional Sessions Judge, Bhubaneswar in Criminal
Trial No.268 of 2013 while convicting him for the offences
under Sections 302/201 of the I.P.C. and his release on bail
pending disposal of this Appeal.
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Assistant Registrar-cum-Senior Secretary
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 11-Aug-2023 20:13:33
// 2 //
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 and order
of sentence as well as the depositions of the witnesses, it is
seen that the case is based on circumstantial evidence and
the plea of the Appellant is that the deceased herself
committed suicide in support of which some witnesses
are found to have stated to some extent which of course
has not been accepted by the trial court.
The incident relates to the mid of the year 1995.
The Appellant was all along on bail during trial and it is
not stated that he has ever misutilized the liberty. He is
now in custody after pronouncement of the impugned
judgment and his present age is 78 years.
5. Keeping in view all the above, we are inclined to direct
that further execution of sentence imposed upon this
Appellant in Criminal Trial No.268 of 2013 by the learned
3rd Additional Sessions Judge, Bhubaneswar shall remain
suspended and release the Appellant on bail pending
disposal of this Appeal.
6. Accordingly, it is directed that the Appellant
(Ramamurty Gamango) be released on bail in the
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR aforesaid case pending disposal of this Appeal on such
Designation: Assistant Registrar-cum-Senior Secretary
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 11-Aug-2023 20:13:33
// 3 //
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.
7. The I.A. is, accordingly, disposed of.
. (D. Dash)
Judge
(Dr. S.K. Panigrahi)
Judge
CRLA No.715 of 2023
05. 1. List this Appeal for hearing in the week commencing
20th November, 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
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 11-Aug-2023 20:13:33
