Kusia @ Krushna Chandra Dalei vs State Of Odisha
2023 Latest Caselaw 1139 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                        CRLA No.375 of 2014
        Kusia @ Krushna Chandra Dalei ....            Appellant
                                     Mr. Lalitendu Mishra, Adv.
                              -versus-
        State of Odisha                ....          Respondent
                                     Ms. Samapika Mishra, ASC



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

Order                          02.02.2023
No.                       I.A. No.1353 of 2022

08. 1. This matter is taken up through hybrid arrangement

(virtual / physical) mode.

2. The Appellant (Kusia @ Krushna Chandra Dalei) by

filing this application under Section 389 of the Cr.P.C. has

prayed for suspension of execution of sentence imposed

upon him in Sessions Trial No.452 of 2011 by the learned

Additional Sessions Judge, Athagarh and his release on

bail pending disposal of this Appeal.

3. Heard learned Counsel for the Appellant and learned

Additional Standing Counsel for the State.

4. Considering the submissions made and on going

through the impugned judgment of conviction; further

// 2 //

keeping in view his period of detention in custody since

2009; We are inclined to direct that further execution of

sentence imposed upon this Appellant in Sessions Trial

No.452 of 2011 by the learned Additional Sessions Judge,

Athagarh shall remain suspended in releasing the

Appellant on bail pending disposal of this Appeal.

5. Accordingly, it is directed that the Appellant (Kusia @

Krushna Chandra Dalei) 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 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





                                       // 3 //




             CRLA No.375 of 2014

09. 1. List this matter for hearing in the week commencing

20th March, 2023 along with CRLA No.376 of 2014.

2. Urgent certified copy of this order be granted on

proper application.

       .                                            (D. Dash)
                                                      Judge




                                                (Dr. S.K. Panigrahi)
                                                        Judge




B.Jhankar