Terua @ Bapi Das vs State Of Odisha
2023 Latest Caselaw 7924 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA NO.856 OF 2019

            Terua @ Bapi Das                       ....          Appellant
                                                   Mr.S.Sourav, Advocate
                                        -versus-

            State of Odisha                        ....            Respondent
                                                         Mr.S.K.Nayak, AGA

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

21.07.2023 I.A. No.886 of 2020 & Order No. I.A. No.1142 of 2020

13. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. Learned counsel for the Appellant does not want to press these applications.

In view of the above, these applications stand dismissed as not pressed.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge

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ORDER 21.07.2023 Order No. I.A. No.631 of 2023

14. 1. This application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Terua @ Bapi Das by the Trial Court while convicting him for the offence under section 394/302/109/34 of the Indian Penal Code and section 25/27 of the Arms Act and his release on bail pending disposal of this Appeal.

2. Heard Mr.S.Sourav, learned counsel for the Appellant and Mr.S.K.Nayak, learned Additional Government Advocate for the Respondent.

3. Taking into account the submissions made and on going through the judgment passed by the Trial Court; We find that the Appellant was on bail during trial and by now has remained in custody for more than five years; further keeping in view the role said to have been played by the Appellant in the entire incident as stated to by the witnesses examined from the side of the prosecution in the trial which are impeached on several grounds and other surrounding circumstances especially the period of detention of the Appellant in custody after pronouncement of the judgment; We are inclined to direct suspension of further execution of sentence imposed upon the Appellant and directs that he (Terua @ Bapi Das) be released on bail in C.T. No.124 of 2013 by the learned Additional Sessions Judge, Jajpur pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further conditions that he shall not indulge himself in any criminal activity; shall appear before the Inspector-in-Charge of

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Panikoili P.S. on every Monday in between 10.00 a.m to 2.00 pm; and shall positively surrender before the Trial Court as and when so required.

The I.A is accordingly disposed of.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge ORDER 21.07.2023 Order No. CRLA No.856 of 2019

15. 1. List this matter in the week commencing 13th November, 2023 for final hearing along with CRLA Nos.14, 29 & 420 of 2018.

Issue urgent certified copy of this order on proper application.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge

Signature Not Verified Gitanjali Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 25-Jul-2023 17:33:20