Bipin Bihari Mohanty vs State Of Orissa
2023 Latest Caselaw 1567 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.15 of 2014


        Bipin Bihari Mohanty                 ....           Appellant

                                     Mr. Dharanidhar Nayak, Sr. Adv.
                                                 Mr. S.K. Das, Adv.

                                 -versus-

        State of Orissa                     ....          Respondent

                                          Ms. Samapika Mishra, ASC



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


                                 ORDER

Order                           20.02.2023
No.                        I.A. No.410 of 2023

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

(virtual / physical) mode.

2. The Appellant (Bipin Bihari Mohanty) by filing this

application under Section 389 of the Cr.P.C. has prayed

for suspension of execution of sentence imposed upon

him in C.T.(SS) Case No.127 of 2011/ 39 of 2013 by the

// 2 //

learned Additional Sessions Judge, Dhenkanal 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

keeping in view his period of detention in custody since

02.05.2011; We are inclined to direct that further execution

of sentence imposed upon this Appellant in C.T.(SS) Case

No.127 of 2011/ 39 of 2013 by the learned Additional

Sessions Judge, Dhenkanal shall remain suspended in

releasing the Appellant on bail pending disposal of this

Appeal.

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

Bihari Mohanty) 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

and that he shall appear before the I.I.C., Sadar Police

Station, Dhenkanal, District- Dhenkanal on every

alternate Monday in between 10.00 A.M. to 2.00 P.M.

during the period of bail.

// 3 //

6. The I.A. is, accordingly, disposed of.

      .                                               (D. Dash)
                                                        Judge




                                                 (Dr. S.K. Panigrahi)
                                                         Judge

           Misc. Case No.25 of 2014
06.       1. Heard.

2. There shall be stay realization of fine pending disposal

of this Appeal.

3. The I.A. is, accordingly, disposed of.

      .                                               (D. Dash)
                                                        Judge




                                                 (Dr. S.K. Panigrahi)
                                                         Judge




           CRLA No.15 of 2014

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

24th April, 2023.

// 4 //

2. Urgent certified copy of this order be granted on

proper application.

       .                                          (D. Dash)
                                                    Judge




                                              (Dr. S.K. Panigrahi)
                                                      Judge

B.Jhankar