Ganesh Banchhar & Others vs State Of Odisha
2023 Latest Caselaw 2446 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.54 OF 2018
            Ganesh Banchhar & Others       ....                    Appellants
                                       Mrs.Bharati Dash, Advocate for A.3
                                        -versus-
            State of Odisha                         ....          Respondent
                                                   Mr. S.S. Mohapatra, ASC
                                       ORDER

27.03.2023 Order No. I.A. No.694 of 2023

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

2. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant No.3, namely, Adesh Bag by the Trial Court while convicting him for the offence under section 302/149/147/148 of the Indian Penal Code and section 25(1-B) of the Arms Act by the learned Sessions Judge, Sambalpur in S.T. No.23 of 2012, pending disposal of this Appeal and for his release on bail.

3. Heard learned Counsel for the Appellant No.3 and learned Additional Standing Counsel 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.3 in the entire incident as stated to by the witnesses examined from the side of the prosecution in the trial which are impeached on several grounds and other surrounding circumstances especially the period of detention of the Appellant in custody for more than ten years as well as the factum of grant of bail to the co-convicts, namely, Sunil @ N. Chiranjibi Rao in CRLA No.52 of 2018, Sujit Karna in

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CRLA No.50 of 2018 and Tofan @ Basant Kumbhar in CRLA No.54 of 2018, We are inclined to direct suspension of further execution of sentence imposed upon Appellant No.3. Accordingly, we direct that he (Adesh Bag) be released on bail in S.T. No.23 of 2012 by the learned Sessions Judge, Sambalpur pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further conditions that he shall not indulge himself in any criminal activity; shall appear before the Inspector-in-Charge of Sambalpur Town P.S. on the last Monday of every month in between 10.00 a.m to 2.00 pm; and 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.

ORDER 27.03.2023 CRLA No.54 of 2018 Order No.

28. 1. List this Appeal for hearing in the week commencing 15th May, 2023 along with CRLA Nos.50, 52 & 102 of 2018.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

(Dr. S.K.Panigrahi), Judge Basu