Tuna @ Saroj Kumar Dalei vs State Of Odisha
2023 Latest Caselaw 1572 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.550 of 2015
            Tuna @ Saroj Kumar Dalei               ....            Appellant
                                                                 Mr.D. Das
                                                                 Advocate
                                        -versus-
            State of Odisha                        ....          Respondent
                                                          Mr.S.S. Kanungo,
                                                                     AGA
                    CORAM:
                    MR. JUSTICE D.DASH
                    DR JUSTICE S.K. PANIGRAHI
                                   ORDER

20.02.2023 Order No. I.A. No.121 of 2023

10. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. This application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Tuna @ Saroj Kumar Dalei by the Trial Court while convicting him for the offence under section 302/201 of the Indian Penal Code and his release on bail pending disposal of this Appeal.

4. Heard Mr.Das, learned counsel for the Appellant and Mr.S.S. Kanungo, learned Additional Government Advocate for the Respondent.

5. Taking into account the submissions made and on going through the judgment passed by the Trial Court; further keeping in view the role said to have been played by the Appellant in the entire incident as stated to by the witnesses examined from the side of the prosecution in the trial which are impeached on several grounds and other surrounding circumstances especially the long period of detention of the Appellant in custody; We are inclined to direct suspension of further execution of sentence imposed upon the Appellant and directs that he (Tuna @ Saroj Kumar Dalei) be

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released on bail in S.T. No.370-A of 1999 by the learned Ad hoc Additional Sessions Judge, FTC No.I, Cuttack pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further conditions that he shall not indulge himself in any criminal activity; shall appear before the Inspector- in-Charge of Chauliaganj P.S. on the last Monday of every month in between 10.00 a.m to 2.00 pm; shall not try to threaten or intimidate the prosecution witnesses in the trial, which is continuing against the other accused; shall not leave the jurisdiction of the Court in seisin of the case; and shall positively surrender before the Trial Court as and when so required.

The I.A is accordingly disposed of.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge ORDER 20.02.2023 Order No. CRLA No.550 of 2015

11. 1. List this matter for hearing in the week commencing 26.06.2023.

Issue urgent certified copy of this order on proper application.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge Basu