Sudam Pujhari vs State Of Odisha
2023 Latest Caselaw 706 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLA NO.131 OF 2017

            Sudam Pujhari                         ....            Appellant
                                                   Sk. Zafarulla, Advocate
                                       -versus-
            State of Odisha                       ....          Respondent
                                                   Mr. S.K. Nayak, AGA,
                    CORAM:
                    MR. JUSTICE D.DASH
                    DR.JUSTICE S.K.PANIGRAHI

                                      ORDER

20.01.2023 Order No. I.A. NO.348 OF 2017

06. 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 I.A. is accordingly disposed of.

(D. Dash), Judge.

(Dr.S.K.Panigrahi) Judge.

ORDER 20.01.2023 Order No. I.A. NO.349 OF 2017

07. 1. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Sudam Pujhari by the Trial Court while convicting him for

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the offence under section-302 of the Indian Penal Code by the learned Special Judge, Kalahandi-Bhawanipatna in C.T. Case No.04 of 2014(Special Act), pending disposal of this Appeal.

3. Heard learned Counsel for the Appellant and learned Additional Government Advocate.

4. Taking into account the submissions made and on going through the judgment passed by the Trial Court, when it is found that the Appellant is in custody since 07.08.2013 and the likelihood of this Appeal being disposed of so soon is bleak when also the case rests on the evidence of solitary witness who has stated that the Appellant had dealt only one blow leading to the death of the deceased; We are inclined to direct that the further execution of sentence imposed upon this Appellant, Sudam Pujhari in .T. Case No.04 of 2014(Special Act), by the learned Special Judge, Kalahandi-Bhawanipatna shall remain suspended till disposal of this Appeal.

Accordingly, it is directed that these Appellant be released on bail pending this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that he shall positively surrender before the Trial Court as and when required.

The I.A. is accordingly disposed of.

(D. Dash), Judge.

(Dr. S.K.Panigrahi) Judge.

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ORDER 20.01.2023 Order No. CRLA NO.131 OF 2017

08. 1. The Appeal be listed for hearing in the week commencing 15th May, 2023.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

(Dr. S.K.Panigrahi), Judge

Narayan