Muna @ Bijan Kumar Das vs State Of Odisha
2023 Latest Caselaw 9490 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.245 OF 2017
            Muna @ Bijan Kumar Das                 ....           Petitioner
                                               Mr.R.K.Pattanaik, Advocate
                                        -versus-
            State of Odisha                       ....       Opposite Party
                                                    Mr. S.K.Nayak, AGA
                      CORAM:
                      MR. JUSTICE D.DASH
                      DR. JUSTICE S.K.PANIGRAHI

                                      ORDER

18.08.2023 I.A. No.1428 of 2023 Order No.

09. 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, Muna @ Bijan Kumar Das by the Trial Court while convicting him for the offence under section 120-B read with section 342/506-II/394/302/34 of the Indian Penal Code and section 25(1-B)(a)/27(1) of the Arms Act and his release on bail pending disposal of this Appeal.

3. Heard.

4. Taking into account the submissions made and on going through the judgment passed by the Trial Court as well as the depositions of the prosecution witnesses, further keeping in view the period of detention in custody for the role ascribed to him in the incident, while, at this stage, we are not inclined to direct for suspension of further execution of the sentence and grant him bail pending disposal of this Appeal, this application stands disposed of granting interim bail to the Appellant for a period of three (03)

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months from the date of his actual release from custody on such terms and conditions as deemed just and proper by the Trial Court in S.T. Case No.97 of 2012/14 of 2013 with further conditions that the Appellant shall not indulge himself in any criminal activity during the period of interim bail; and shall positively surrender before the Trial Court as would be so directed by the said Court on expiry of period of interim bail.

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 18.08.2023 CRLA No.245 of 2017 Order No.

10. 1. List this matter in the week commencing 11th December, 2023.

Issue urgent certified copy as per rules.

(D. Dash) Judge

Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication (Dr. S.K.Panigrahi) Location: OHC Date: 23-Aug-2023 16:38:01 Judge Gitanjali