Kanistha Behera vs State Of Odisha
2023 Latest Caselaw 180 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK


                          CRLA No.567 of 2020
        Kanistha Behera                      ....            Appellant

                                     Mr. Ashok Kumar Sarangi, Adv.

                                 -versus-

        State of Odisha                     ....        Respondent

                                         Ms. Samapika Mishra, ASC

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

Order                         04.01.2023
No.                      I.A. No.1105 of 2020

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

(virtual / physical) mode.

2. The Appellant by filing this application under section

389 of the Cr.P.C. has prayed for suspension of execution

of sentence imposed on him in C.T. (S) No.91 of 2015 by

the learned Additional Sessions Judge, Angul 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.

// 2 //

4. Taking into account the submissions made and on

going through the impugned judgment as well as the

depositions of the prosecution witnesses and further

viewing other surrounding circumstances, We are not

inclined to accept the prayer, as advanced in the

Application for suspension of execution of sentence and

release the Appellant on bail pending disposal of the

Appeal. However, considering the long period of

detention of the Appellant in custody i.e. since 30.01.2015,

We are inclined to grant interim bail to the Appellant for a

period of eight weeks with effect from the date of his

actual release from custody.

5. Accordingly, it is directed that the Trial Court shall

release the Appellant (Kanistha Behera) on interim bail in

the aforesaid case for a period of eight weeks with effect

from the date of his actual release from custody 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 would be so

directed by the said court on expiry of period of interim

bail and that he shall not indulge himself in any criminal

activity during the period of interim bail as well as he

shall appear before the I.I.C., Purunakote Police Station,

// 3 //

Purunakote, District- Angul on every Monday in between

10.00 A.M. to 2.00 P.M. during the period of interim bail.

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

            .                                               (D. Dash)
                                                              Judge




                                                       (Dr. S.K. Panigrahi)
                                                               Judge



                        CRLA No.567 of 2020

13. 1. List this matter in the week commencing 3rd April, 2023

along with JCRLA No.6 of 2020.

2. Urgent certified copy of this order be granted on

proper application.

            .                                               (D. Dash)
                                                              Judge




                                                       (Dr. S.K. Panigrahi)
                                                               Judge

B.Jhankar