Sanjay Rout vs State Of Odisha
2023 Latest Caselaw 976 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK


                          CRLA No.759 of 2018
        Sanjay Rout                          ....           Appellant

                                     Mr. Bijaya Kumar Mohanty, Adv.

                                 -versus-

        State of Odisha                     ....           Respondent

                                                 Mr. S.K. Nayak, AGA

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

Order                         30.01.2023
No.                     CRLA No.759 of 2018

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

(virtual / physical) mode.

2. Names of Mr. Debasnan Das, learned Advocate and

Associates appearing in the cause title page of the brief be

deleted and in their places, accepting the prayer made by

the Appellant in his letter sent from prison, name of Mr.

Bijaya Kumar Mohanty, learned Advocate in whose

favour the Appellant has filed Vakalatnama be reflected.

// 2 //

6. List this Appeal for hearing in the week commencing

24.04.2023 along with CRLA No.648 of 2017 and CRLA

No.760 of 2017.

      .                                             (D. Dash)
                                                      Judge




                                               (Dr. S.K. Panigrahi)
                                                       Judge


                 I.A. No.2208 of 2022

06. 1. This is an application under Section 389 of the Cr.P.C.

for suspension of execution of sentence imposed upon the

Appellant, namely, Sanjay Rout in Sessions Trial No.12 of

2014 by the learned Additional Sessions Judge, Athagarh

and his release on bail pending disposal of this Appeal.

2. Heard learned Counsel for the Appellant and learned

Additional Government Advocate for the State.

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 role said to have been played

by this Appellant and the manner in which the incident

had taken place as emerged from the evidence; We are not

// 3 //

inclined to direct for suspension of further execution of

the sentence and grant him on bail pending disposal of

this Appeal. However, considering the fact that the

Petitioner is in custody for a long period; We direct that

the Appellant, Sanjay Rout, be released on interim bail for

a period of eight (8) weeks from the date of his actual

release from custody on such terms and conditions as

deemed just and proper by the Trial Court with further

condition that the Appellant shall not indulge himself in

any criminal activity 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.

5. Urgent certified copy of this order be granted on proper

application.

            .                                               (D. Dash)
                                                              Judge




                                                       (Dr. S.K. Panigrahi)
                                                               Judge

B.Jhankar