Laba Bari vs State Of Odisha
2023 Latest Caselaw 513 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.945 of 2022
        Laba Bari                            ....           Appellant

                                     Mr. Bijaya Ku. Behera (1), Adv.

                                 -versus-

        State of Odisha                     ....           Respondent

                                                 Mr. S.K. Nayak, AGA




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


                                 ORDER

Order                           16.01.2023
No.                        I.A. No.1761 of 2022

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

(virtual / physical) mode.

2. The Appellant (Laba Bari) by filing this application

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

suspension of execution of sentence imposed upon him in

S.T. Case No.32 of 2022 by the learned Additional

Sessions Judge, Rairangpur and his release on bail

pending disposal of this Appeal.

// 2 //

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 of conviction and;

further keeping in view the factum of grant of bail to the

co-accused persons who have also preferred Appeals

challenging the judgment of conviction returned in the 1st

round of trial; when this Appellant is in custody since

18.08.2021; and further viewing the other surrounding

circumstances and the fact that the Appeal is not likely to

be heard and disposed of early, We are inclined to direct

that further execution of sentence imposed upon this

Appellant (Laba Bari) in S.T. Case No.32 of 2022 by the

learned Additional Sessions Judge, Rairangpur shall

remain suspended in releasing the Appellant on bail

pending disposal of this Appeal.

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

Bari) 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.

// 3 //

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

       .                                                (D. Dash)
                                                          Judge




                                                   (Dr. S.K. Panigrahi)
                                                           Judge

             CRLA No.945 of 2022

5. 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