Dagara Mahaling vs State Of Odisha
2023 Latest Caselaw 603 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.305 of 2020
        Dagara Mahaling                       ....         Appellant
                                               Mr. H.S. Mishra, Adv.
                                   -versus-
        State of Odisha                    ....          Respondent
                                          Ms. Samapika Mishra, ASC



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

Order                            18.01.2023
No.                         I.A. No.647 of 2020

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

(virtual / physical) mode.

2. The Appellant (Dagara Mahaling) by filing this

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

for suspension of execution of sentence imposed upon

him in Sessions Case No.79/01 of 1996-99 by the learned

Sessions Judge, Sonepur and his release on bail pending

disposal of this Appeal.

2. Heard learned Counsel for the Appellant and learned

Additional Standing Counsel for the State.

3. Considering the submissions made and on going

through the impugned judgment of conviction and;

// 2 //

further keeping in view the fact that the Appellant was on

bail during trial 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 (Dagara Mahaling) in Sessions Case

No.79/01 of 1996-99 by the learned Sessions Judge,

Sonepur shall remain suspended in releasing the

Appellant on bail pending disposal of this Appeal.

4. Accordingly, it is directed that the Appellant

(Dagara Mahaling) 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.

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

      .                                               (D. Dash)
                                                        Judge




                                                 (Dr. S.K. Panigrahi)
                                                         Judge

           I.A. No.648 of 2020
10.       1. Heard.

                                          // 3 //

2. There shall be stay realization of fine pending disposal

of this Appeal.

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

       .                                                (D. Dash)
                                                          Judge




                                                   (Dr. S.K. Panigrahi)
                                                           Judge
             CRLA No.305 of 2020

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

24th April, 2023.

2. Urgent certified copy of this order be granted on

proper application.

       .                                                (D. Dash)
                                                          Judge




                                                   (Dr. S.K. Panigrahi)
                                                           Judge


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