Nabina Sa vs State Of Odisha
2023 Latest Caselaw 2453 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                       CRLA No. 169 of 2023

        Nabina Sa                                ....       Appellant
                                                 Mr.B.S.Dasparida, 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.353 of 2023

 05.    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, namely, Nabina Sa by the Trial Court while

convicting him for the offence under Sections 302/201/34

of the Indian Penal Code by the learned Additional

Sessions Judge, Sundargarh in S.T.No. 11/10 of 2020-21,

pending disposal of this Appeal and for his release on

bail.

3. Heard learned Counsel for the Appellant and learned

Additional Standing Counsel for the Respondent.

// 2 //

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 the Appellant when the death has taken place on

account of manual strangulation which has not been

attributed to the Appellant and it being also seen that the

Appellant was all along on bail during trial when no such

report has been placed that he had ever misused the

liberty so granted; and after pronouncement of the

judgment, the Appellant by now is in custody for more

than three months and as 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 pending disposal of this appeal.

Accordingly, we direct that the appellant be released on

bail in Sessions Trial No.11/10 of 2020-21 by the learned

Additional 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 he shall not indulge himself in any criminal activity;

shall appear Inspector In-charge Dharuadihi 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.

// 3 //

CRLA No.169 of 2023

6. Registry is directed to ascertain as to whether another

convict Sandhya Nag has filed an appeal challenging the

conviction and sentence. If that is so, the said appeal be

also tagged with the present one.

7. List this matter in the week commencing 25th

September 2023

8. Urgent certified copy of this order be granted on

proper application.

( D. Dash, J )

(Dr. S.K. Panigrahi, J)

LB