Sibananda Singh vs State Of Orissa
2023 Latest Caselaw 2134 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          JCRLA No.96 of 2019


        Sibananda Singh                        ....           Appellant

                                       Mr. Jitendra Samantray, Adv.

                                  -versus-

        State of Orissa                      ....            Respondent

                                                  Mr. S.K. Nayak, AGA



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


                                 ORDER

14.03.2023 Order No. I.A. No.27 of 2023

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

(virtual / physical) mode.

2. The Appellant (Sibananda Singh) by filing this

application under Section 389 of the Cr.P.C. has prayed

for suspension of execution of sentence imposed upon

him in C.T. Case No.05 of 2014 (Spl. Act) by the learned

Sessions Judge-cum- Special Judge, Kalahandi,

// 2 //

Bhawanipatna 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. Considering the submissions made and on going

through the impugned judgment; further taking into

account the fact that the prosecution case is based on

circumstantial evidence; and also the surrounding

circumstances including the factum of detention of the

Appellant in custody for more than nine years when the

hearing of the appeal is not likely to be taken up soon, we

are inclined to direct that further execution of sentence

imposed upon this Appellant in C.T. Case No.05 of 2014

(Spl. Act) by the learned Sessions Judge-cum- Special

Judge, Kalahandi, Bhawanipatna shall remain suspended

in releasing the Appellant on bail pending disposal of the

Appeal.

5. Accordingly, it is directed that the Appellant

(Sibananda Singh) be released on bail in the aforesaid case

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 //

6. The I.A. is, accordingly, disposed of.

7. This order be communicated to the concerned jail

authority for onwards communication to the Appellant

for needful.

     .                                               (D. Dash)
                                                       Judge




                                                (Dr. S.K. Panigrahi)
                                                        Judge



               I.A. No.28 of 2023
5.       1. Heard.

2. There shall be stay realization of fine pending disposal

of this Appeal.

3. The I.A. is, accordingly, disposed of.

     .                                               (D. Dash)
                                                       Judge




                                                (Dr. S.K. Panigrahi)
                                                        Judge




                                       // 4 //




             JCRLA No.96 of 2019

6. 1. List this matter along with JCRLA No.31 of 2021 for

hearing in the week commencing 3rd July, 2023.

2. Urgent certified copy of this order be granted on

proper application.

       .                                            (D. Dash)
                                                      Judge




                                                (Dr. S.K. Panigrahi)
                                                        Judge

B.Jhankar