Dilip Bag & Anr vs State Of Odisha
2023 Latest Caselaw 2452 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                      CRLA No. 1183 of 2022

        Dilip Bag & Anr.                         ....      Appellants
                                                  Mr.Sk. Zafrulla, Adv.
                                     -versus-
        State of Odisha                         ....        Respondent
                                                 Mr.S.S.Mohapatra,ASC

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

                                 ORDER

Order                           27.03.2023
No.                        I.A. No.2293 of 2023

 04.    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

Appellants by the Trial Court while convicting them for

the offence under Sections 302/34 of the Indian Penal

Code by the learned Sessions Judge, Sundargarh in

S.T.No. 143 of 2014, pending disposal of this Appeal and

for their release on bail.

3. Heard learned Counsel for the Appellants 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 period of detention of the

// 2 //

Appellants in custody for more than eight years, when

the Appeal is not likely to be heard and disposed of early;

we are inclined to direct suspension of further execution

of sentence imposed upon appellant. Accordingly, we

direct that the appellants be released on bail in Sessions

Trial No.143 of 2014 by the learned Sessions Judge,

Sundargarh pending disposal of this Appeal on such

terms and conditions as deemed just and proper by the

Trial Court with further conditions that they shall not

indulge themselves in any criminal activity; shall appear

Inspector In-charge Rajgangpur P.S. on the last Monday

of every month in between 10.00 a.m. to 2.00 p.m.; and

shall positively surrender before the Trial Court as and

when so required.

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

6. Urgent certified copy of this order be granted on

proper application.

( D. Dash, J )

(Dr. S.K. Panigrahi, J)

LB