Sukutu @ Trilochan Mirdha vs State Of Odisha
2023 Latest Caselaw 2004 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLA No.363 of 2021
            Sukutu @ Trilochan Mirdha                ....               Appellant
                                                                 Mr.D.R. Mishra,
                                                                       Advocate
                                          -versus-

            State of Odisha                          ....              Respondent
                                                              Mr.Sitikant Mishra,
                                                                            ASC
                    CORAM:
                    MR. JUSTICE D.DASH
                    MR. JUSTICE SASHIKANTA MISHRA
                                       ORDER

09.03.2023 Order No. I.A. No.679 of 2021

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

2. Heard.

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

4. The I.A. is accordingly disposed of.

(D. Dash), Judge

(Sashikanta Mishra) Judge ORDER 09.03.2023

Order No. I.A. No.680 of 2021

05. 1. This application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon Appellant, namely, Sukutu

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@ Trilochan Mirdha by the Trial Court while convicting him for the offence under section 302 of the Indian Penal Code and his release on bail pending disposal of this Appeal.

2. Heard learned counsel for the Appellant and learned Additional Standing Counsel for the Respondent.

3. Taking into account the submissions made and on going through the judgment passed by the Trial Court; further keeping in view the role said to have been played by this Appellant in the entire incident as stated by the witnesses examined from the side of the prosecution in the trial and other surrounding circumstances including the period of detention of the Appellant in custody, We are inclined to direct suspension of execution of sentence imposed upon this Appellant and directs that he (Sukutu @ Trilochan Mirdha) be released on bail in C.T. (S) No.187 of 2017 (C.T.(S) No.74 of 2015 by the learned Additional Sessions Judge, Athmallik pending disposal of 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 so required.

4. The I.A. is accordingly disposed of.

(D. Dash), Judge

(Sashikanta Mishra) Judge

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ORDER 09.03.2023 Order No. CRLA No.363 of 2021

06. List this Appeal for hearing in the week commencing 10th July, 2023.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(Sashikanta Mishra) Judge Basu