Rajendra Lakra vs State Of Odisha
2023 Latest Caselaw 9691 Ori

                                              IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                             CRLA No.505 of 2023


                                         Rajendra Lakra                         ....          Appellant

                                                                               Mr. Biswajit Nayak, Adv.



                                                                    -versus-

                                         State of Odisha                       ....          Respondent

                                                                                Mr. D.K. Mishra, AGA

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


                                                                    ORDER

                  Order                                            21.08.2023
                  No.                                         I.A. No.1112 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, Rajendra Lakra by the learned

Additional Sessions Judge, Sundargarh in Sessions Trial

No.12/08 of 2016-17 while convicting him for the offences

under Sections 332/ 333/ 302/ 307/ 201/ 148/ 149 of the

Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Aug-2023 16:45:27 // 2 //

I.P.C. read with Section 3 of the Prevention of Damage to

Public Property Act, 1984 and his release on bail pending

disposal of this Appeal.

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 impugned judgment, further taking

into account the role said to have been played by this

Appellant in the entire incident as well as the manner in

which the incident is said to have been taken place and

other surrounding circumstances including the fact that

the Appellant was on bail during trial; when no such

report is forthcoming that he has misutilized the liberty

and in the meantime he is undergoing the sentence from

the date of pronouncement of the judgment; we are

inclined to direct that execution of sentence imposed

upon this Appellant in Sessions Trial No.12/08 of 2016-17

by the learned Additional Sessions Judge, Sundargarh

shall remain suspended in releasing the Appellant on bail

pending disposal of this Appeal.

5. Accordingly, it is directed that the Appellant (Rajendra

Lakra) 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

Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Aug-2023 16:45:27 // 3 //

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

                                                CRLA No.505 of 2023

05. 1. List this Appeal for hearing in the week commencing

13th November, 2023.

2. Urgent certified copy of this order be granted on

proper application.

                                .                                                    (D. Dash)
                                                                                       Judge



                                                                                (Dr. S.K. Panigrahi)
                                                                                        Judge


            B.Jhankar





Digitally Signed

Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 21-Aug-2023 16:45:27