Santosh Kumar Gaja vs State Of Odisha
2023 Latest Caselaw 222 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.529 of 2018
            Santosh Kumar Gaja                    ....           Appellant
                                                          Mr.S.K. Mishra,
                                                                Advocate
                                       -versus-

            State of Odisha                       ....          Respondent
                                                            Miss.S.Mishra,
                                                                     ASC
                    CORAM:
                    MR. JUSTICE D.DASH
                    Dr.JUSTICE S.K.PANIGRAHI
                                      ORDER

05.01.2023 Order No. I.A. No.1292 of 2018

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

2. Heard.

3. There shall be stay realization of fine till disposal of the Appeal.

4. The Misc. Case is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge ORDER 05.01.2023 Order No. I.A. No.1291 of 2018

08. 1. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant,

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namely, Santosh Kumar Gaja by the Trial Court while convicting him for the offence under section 302/304-B/498-A of the Indian Penal Code and his release on bail pending disposal of this Appeal.

2. Heard.

3. Taking into account the submissions made and on going through the judgment passed by the Trial Court as well as the depositions of the prosecution witnesses, further keeping in view the role said to have been played by this Appellant and the manner in which the incident had taken place as emerge from the evidence; We are not inclined to direct for suspension of further execution of the sentence and grant him bail pending disposal of this Appeal. However, considering the fact that the Appellant is in custody for a long period; We direct that the Appellant, Santosh Kumar Gaja, be released on interim bail for a period of twelve (12) weeks from the date of his actual release from custody in connection with S.T. Case No.109/196 of 2016 by the learned Additional Sessions Judge, Nimapara on such terms and conditions as deemed just and proper by the Trial Court with further conditions that the Appellant shall not indulge himself in any criminal activity during the period of interim bail; and shall positively surrender before the Trial Court as would be so directed by the said Court on expiry of period of interim bail.

4. The I.A. is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

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ORDER 05.01.2023 Order No. CRLA No.529 of 2018

09. 1. List this Appeal for hearing in the week commencing 08.05.2023.

The Paper Book be prepared in the meantime. Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

Basu