Siba @ Santosh Kumar vs State Of Odisha
2023 Latest Caselaw 2411 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLA No.599 of 2020
            Siba @ Santosh Kumar                    ....             Appellant
            Panchavaya                                           Mr.B. Nayak
                                                                    Advocate
                                        -versus-

            State of Odisha                         ....           Respondent
                                                                Mr.S. Mishra,
                                                                        ASC
                    CORAM:
                    MR. JUSTICE D.DASH
                    Dr.JUSTICE S.K.PANIGRAHI
                                        ORDER

24.03.2023

Order No. I.A. No.1153 of 2020

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

2. Heard.

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

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

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge ORDER 24.03.2023 Order No. I.A. No.1152 of 2020

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

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Santosh Kumar Panchavaya 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.

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

4. Taking into account the submissions made by the learned counsel for the Appellant that the case is based on circumstantial evidence and those circumstances have also not been fully established to complete the chain of events and on going through the judgment passed by the Trial Court; further keeping in view the happening of 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 (Siba @ Santosh Kumar Panchavaya) be released on bail in Sessions Trial No.55 of 2018 by the learned 1st Additional Sessions Judge, Rourkela 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.

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

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

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ORDER 24.03.2023 Order No. CRLA No.599 of 2020

07. List this Appeal for hearing in the week commencing 24.07.2023.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge Basu