Panchanan Behera & Anr vs State Of Orissa
2023 Latest Caselaw 644 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLA No.257 of 2018
        Panchanan Behera & Anr.              ....          Appellants
                                          Mr. Jyotirmaya Sahoo, Adv.
                                   -versus-
        State of Orissa                     ....          Respondent
                                             Mr. S.S. Kanungo, AGA

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

Order                          19.01.2023
No.                       I.A. No.230 of 2021

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

(virtual / physical) mode.

2. Both the Appellants by filing this application under

Section 389 of the Cr.P.C. have prayed for suspension of

execution of sentence imposed upon them in S.T. No.113

of 2013 by the learned Additional District and Sessions

Judge, Bhanjanagar and their release on bail pending

disposal of this Appeal.

3. Heard learned Counsel for the Appellants and learned

Additional Government Advocate for the State.

4. Considering the submissions made and on going

through the impugned judgment of conviction and the

role of the Appellants; as it reveals from the evidence of

the prosecution witnesses; further keeping in view the

// 2 //

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 both the Appellants (Panchanan

Behera and Pravakar Gouda) in S.T. No.113 of 2013 by

the learned Additional District and Sessions Judge,

Bhanjanagar shall remain suspended in releasing them on

bail pending disposal of this Appeal.

5. Accordingly, it is directed that both the Appellants

(Panchanan Behera and Pravakar Gouda) 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 both the

Appellants shall positively surrender before the Trial

Court as and when so required.

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

7. Urgent certified copy of this order be granted on

proper application.

       .                                                (D. Dash)
                                                          Judge



                                                    (Dr. S.K. Panigrahi)
                                                            Judge

B.Jhankar