Pita @ Pitabas Dandsena & Ors vs State Of Odisha
2023 Latest Caselaw 9693 Ori

                                              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                        CRLA No.688 of 2023
                                         Pita @ Pitabas Dandsena & Ors. ....           Appellants
                                                                        Mr. Amitav Tripathy, 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.1468 of 2023

04. 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

Appellants by the learned Additional Sessions Judge,

Dharamgarh in C.T. Case No.49 of 2018 (Sessions) while

convicting them for the offences under Sections

457/460/302/395/ 396 of the I.P.C. and their release on bail

pending disposal of this Appeal.

3. Heard learned Counsel for the Appellants and learned

Counsel for the State.

4. Taking into account the submissions made and on

going through the judgment passed by the Trial Court as

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 //

well as the depositions of the prosecution witnesses,

further keeping in view the role said to have been played

by the Appellants and the manner in which the incident

had taken place as emerged from the evidence, at this

stage, We are not inclined to accept the prayer, as

advanced in the Application.

5. The I.A. is, accordingly, dismissed.

                                .                                                  (D. Dash)
                                                                                     Judge




                                                                               (Dr. S.K. Panigrahi)
                                                                                       Judge

                                                CRLA No.688 of 2023

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

18th December, 2023.

                                .                                                  (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