Prasanta Beheramali & Another vs State Of Odisha
2023 Latest Caselaw 2571 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.164 of 2023


        Prasanta Beheramali & Another         ....            Appellants
                                                        Mr.J.K. Panda
                                                            Advocate
                                   -versus-
        State of Odisha                       ....          Respondent
                                                       Mr.S.K. Nayak,
                                                                AGA
                CORAM:
                MR. JUSTICE D.DASH
                DR JUSTICE S.K. PANIGRAHI
                               ORDER

Order                         29.03.2023
No.                      I.A. No.337 of 2023


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

2. This application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellants, namely, Prasanta Beheramali & Sarada Beheramali by the Trial Court while convicting the for the offence under section 302/498-A/304-B IPC read with section 4 of D.P. Act and their release on bail pending disposal of this Appeal.

3. Heard Mr.Panda, learned counsel for the Appellants and Mr.S.K. Nayak, learned Additional Government for the Respondent.

4. During course of hearing, learned counsel for the Appellants submits that he does not want to press this bail application in so far as the Appellant No.1 (Prasanta Beheramali) is

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concerned. Accordingly, the I.A. in respect of said Appellant No.1 stands dismissed as not pressed.

In view of above, this I.A. is now confined to the Appellant No.2 (Sarada Beheramali).

5. Taking into account the submissions made and on going through the judgment passed by the Trial Court; We find that the Appellant was on bail during trial; further keeping in view the role said to have been played by the Appellant 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 after pronouncement of the judgment; We are inclined to direct suspension of further execution of sentence imposed upon the Appellant and directs that she (Sarada Beheramali) be released on bail in C.T. (S) No.08 of 2021 by the learned Additional Sessions Judge, Athmallik pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that she shall positively surrender before the Trial Court as and when so required.

The I.A is accordingly disposed of.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge

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Order ORDER No. 29.03.2023 CRLA No.164 of 2023

05. 1. List this Appeal on 12.07.2023.

Issue urgent certified copy of this order on proper application.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge

Basu