Ugresan Putel & Another vs State Of Odisha
2023 Latest Caselaw 6981 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                CRLA No.131 of 2016

            Ugresan Putel & Another       ....                     Appellants
                                                            Mr.S.K. Mishra,
                                                    Adv. for Appellant No.1
                                                              Mr. G. Sahoo,
                                                    Adv. for Appellant No.2
                                         -versus-

            State of Odisha               ....                   Respondent
                                                    Mr.S.S. Kanungo, AGA


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

                                        ORDER

21.06.2023

Order No. Misc. Case No.386 of 2016

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

2. Heard.

3. There shall be stay of realization of fine till disposal of the Appeal.

4. The Misc. Case is accordingly disposed of.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge

// 2 //

ORDER 21.06.2023

I.A. No.391 of 2022 Order No.

22. 1. The Appellant No.2, Santa Putel, by filing this application under section 389, Cr.P.C. has prayed for suspension of execution of sentence imposed upon him in C.T. Case No.246/8/45 of 2012- 13 by the learned Additional Sessions Judge, Padampur and his release on bail pending disposal of this Appeal.

3. Heard learned counsel for the Appellant and learned Additional Government Advocate for the State.

4. Taking into account the submissions made and on going through the impugned judgment of conviction; further keeping in view the role said to have been played by this Appellant and other surrounding circumstances prior to the happening of the actual incident as those emerge from the evidence of the witnesses and looking at the period of detention of the Appellant in custody as well as the factum of grant of bail to the co-convict Ugresan Putel, We are inclined to direct that further execution of sentence imposed upon this Appellant No.2 Santa Putel in C.T. Case No.246/8/45 of 2012-13 passed by the learned Additional Sessions Judge, Padampur shall remain suspended and he be released on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant No.2 Santa Putel be released on bail 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.

// 3 //

The I.A. is accordingly disposed of.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge ORDER 21.06.2023 Order No. CRLA No.131 of 2016

23. 1. List this matter in the week commencing 24th July, 2023 for hearing.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge Himansu

Signature Not Verified Digitally Signed Signed by: HIMANSU SEKHAR DASH Reason: Authentication Location: OHC Date: 22-Jun-2023 14:00:25