M. Dibya @ Santi @ Walshi @ vs State Of Orissa
2023 Latest Caselaw 2160 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLA No.331 of 2016
        M. Dibya @ Santi @ Walshi @          ....            Appellant
        Kuse Marri
                                                  Mr. P.K. Jena, Adv.
                                 -versus-
        State of Orissa                     ....           Respondent
                                            Mr. Sitikant Mishra, ASC

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

Order                         15.03.2023
No.                    Misc. Case No.916 of 2016

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

(virtual / physical) mode.

2. The Appellant (M. Dibya @ Santi @ Walshi @ Kuse

Marri) by filing this application under Section 389 of the

Cr.P.C. has prayed for suspension of execution of

sentence imposed upon her in C.T. No.32 of 2023 by the

learned Additional Sessions Judge, Malkangiri and her

release on bail pending disposal of this Appeal.

3. Heard learned Counsel for the Appellant and learned

Additional Standing Counsel for the State.

4. Considering the submissions made and on going

through the impugned judgment; further taking into

account the evidence available on record; and viewing the

// 2 //

factum of detention of the Appellant in custody for about

twelve years, we are inclined to direct that further

execution of sentence imposed upon this Appellant in

C.T. No.32 of 2023 by the learned Additional Sessions

Judge, Malkangiri shall remain suspended in releasing the

Appellant on bail pending disposal of the Appeal.

5. Accordingly, it is directed that the Appellant (M. Dibya

@ Santi @ Walshi @ Kuse Marri) 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 conditions that the Appellant

shall positively surrender before the Trial Court as and

when so required and she shall appear before the

Inspector-In-Charge of Koyur Police Station in the District

of Vishakhapatnam (Andhra Pradesh) on every alternate

Monday in between 10.00 A.M. to 2.00 P.M. during the

period of bail.

6. The Misc. Case is, accordingly, disposed of.

.                                              (D. Dash)
                                                 Judge



                                          (Dr. S.K. Panigrahi)
                                                  Judge

                                       // 3 //




             CRLA No.331 of 2016

11. 1. List this matter along with CRLA No.308 of 2016 for

hearing in the week commencing 24th April, 2023.

2. Urgent certified copy of this order be granted on

proper application.

       .                                            (D. Dash)
                                                      Judge




                                                (Dr. S.K. Panigrahi)
                                                        Judge

B.Jhankar