Tapan Pradhan vs State Of Orissa
2023 Latest Caselaw 1041 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    JCRLA No.51 of 2019
        Tapan Pradhan                      ....         Appellant
                             Mr. Nrusingha Nanda Mohapatra, Adv.
                                 -versus-
        State of Orissa                   ....         Respondent
                                        Ms. Samapika Mishra, ASC

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


                               ORDER

Order                         31.01.2023
No.                   I.A. Nos.81 and 125 of 2022

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

(virtual / physical) mode.

2. The Appellant (Tapan Pradhan) by filing both the

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

for suspension of execution of sentence imposed upon

him in Sessions Trial No.20 of 2015 by the learned

Sessions Judge, Ganjam, Berhampur and his release on

bail pending disposal of this Appeal.

3. Heard learned Counsel for the Appellant and learned

Additional Government Advocate for the State.

4. Considering the submissions made and on going

through the impugned judgment; further taking into

account the fact that the prosecution case is based on

// 2 //

circumstantial evidence; and also the surrounding

circumstances including the factum of detention of the

Appellant in custody since last eight years when the

hearing of the appeal is not likely to be taken up soon, we

are inclined to direct that further execution of sentence

imposed upon this Appellant in Sessions Trial No.20 of

2015 by the learned Sessions Judge, Ganjam, Berhampur

shall remain suspended in releasing the Appellant on bail

pending disposal of the Appeal.

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

Pradhan) 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. Both the I.As. are, accordingly, disposed of.

.                                              (D. Dash)
                                                 Judge




                                          (Dr. S.K. Panigrahi)
                                                  Judge



                                      // 3 //




             JCRLA No.51 of 2019

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

15th May, 2023.

2. Urgent certified copy of this order be granted on

proper application.

       .                                           (D. Dash)
                                                     Judge




                                               (Dr. S.K. Panigrahi)
                                                       Judge


B.Jhankar