Jitu Dehury @ Jitendra Dehury vs State Of Odisha
2023 Latest Caselaw 355 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLA No.443 of 2018
            Jitu Dehury @ Jitendra Dehury             ....             Appellant
                                                                  Mr.N. Panda,
                                                                     Advocate
                                           -versus-

            State of Odisha                           ....            Respondent
                                                                Mr. S.K. Nayak,
                                                                          AGA
                    CORAM:
                    MR. JUSTICE D.DASH
                    Dr.JUSTICE S.K.PANIGRAHI
                                         ORDER

10.01.2023 Order No. I.A. No.1084 of 2018

08. 1. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Jitu Dehury @ Jitendra Dehury by the Trial Court while convicting him for the offence under sections 376(2)(i)/376(2)(n)/417, I.P.C. read with sections 4 & 6 of the POCSO Act and section 3(1)(w)(i), Section 3(2)(v) of the S.C./S.T. (POA) Act 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 surrounding circumstances; 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, Jitu Dehury @ Jitendra Dehury, be released on interim

// 2 //

bail for a period of ten (10) weeks from the date of his actual release from custody in connection with Special Case No.16/2017 (POCSO Act) by the learned Additional Sessions Judge-cum- Special Judge, Boudh on such terms and conditions as deemed just and proper by the Trial Court with further conditions that the Appellant will not leave the jurisdiction of the Court 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 ORDER 10.01.2023 Order No. CRLA No.443 of 2018

09. 1. List this Appeal for hearing in the week commencing 15.05.2023.

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 Himansu