Jayaprakash Pati & Others vs State Of Odisha
2023 Latest Caselaw 2006 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLA No.212 of 2018
            Jayaprakash Pati & Others               ....            Appellants
                                                                 Mr.D. Panda,
                                                                    Advocate
                                         -versus-

            State of Odisha                         ....            Respondent
                                                             Mr.S.S. Kanungo,
                                                                         AGA
                                                               Mr.H.S.Mishra,
                                                              Advocate for the
                                                                     Informant
                    CORAM:
                    MR. JUSTICE D.DASH
                    MR. JUSTICE SASHIKANTA MISHRA
                                      ORDER

09.03.2023 Order No. I.A. No.138 of 2023

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

2. This application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon Appellant No.2, namely, Upin @ Upendra Nayak by the Trial Court while convicting him for the offence under section 302/120/B/34 of the Indian Penal Code and his release on bail pending disposal of this Appeal.

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

4. 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 No.2 in the

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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 Appellant No.2 in custody, We are inclined to direct suspension of execution of sentence imposed upon him and directs that he (Upin @ Upendra Nayak) be released on bail in Sessions Case No.47/24/11 of 2013-16 by the learned 2nd Additional Sessions Judge, Balangir pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further conditions, which are as under:-

(i) Appellant No.2 will not leave the State of Odisha during the period of bail without prior permission of the Trial Court;

(ii) Appellant No.2 will surrender his passport, if any, issued to him, at the time of his release on bail;

(iii) Appellant No.2 shall not try to directly or indirectly get in touch with any of the families of the victims during the period he is on bail; and

(iv) Appellant No.2 will report to the IIC of the concerned police station within the limits of which he resides on the 1st and 4th Monday of every month in between 10.00 am to 2.00 pm. In the event of violation of any of the above conditions or those to be imposed by the Trial Court, the State and/or the Informant would be at liberty to apply for cancellation of the bail.

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.212 of 2018

30. 1. List this matter for hearing in the week commencing 3rd July, 2023.

Issue urgent certified copy of this order on proper application.

(D. Dash), Judge

(Sashikanta Mishra) Judge

Basu