Kalia Behera @ Krishna vs State Of Odisha & Anr
2023 Latest Caselaw 2589 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLA No.702 of 2022
        Kalia Behera @ Krishna               ....         Appellant
                                               Mr. P.K Panda, Adv.
                                 -versus-
        State of Odisha & Anr.              ....            Respondent
                                                 Mr. S. Kanungo, ASC



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

Order                          29.03.2023
No.                       I.A. No.1339 of 2022

06. 1. This matter is taken up through hybrid arrangement

(virtual / physical) mode.

2. The Appellant (Kalia Behera @ Krishna) by filing this

application under Section 389 of the Cr.P.C. has prayed

for suspension of execution of sentence imposed upon

him in Special (POCSO) Case No.08 of 2014/ T.R. No.04/

2021 (T.R. No.13/2020)/ CIS. No. SPL(POCS).207/2014 by

the learned Ad hoc Additional District and Sessions Judge

(FTSC), Angul and his release on bail pending disposal of

this Appeal.

3. Heard learned Counsel for the Appellant and learned

Additional Standing Counsel for the State.

// 2 //

4. Considering the submissions made and on going

through the impugned judgment of conviction; and also

taking into account the fact that the hearing of the appeal

is not likely to be taken up soon; We are inclined to direct

that further execution of sentence imposed upon this

Appellant in Special (POCSO) Case No.08 of 2014/ T.R.

No.04/ 2021 (T.R. No.13/2020)/ CIS. No. SPL(POCS).207/

2014 by the learned Ad hoc Additional District and

Sessions Judge (FTSC), Angul shall remain suspended in

releasing the Appellant on bail pending disposal of this

Appeal.

5. Accordingly, it is directed that the Appellant (Kalia

Behera @ Krishna) be released on bail in the aforesaid case

pending disposal of this Appeal on such terms and

conditions as deemed just and proper by the Trial Court

with further condition that the Appellant shall positively

surrender before the Trial Court as and when so required.

6. The I.A. is, accordingly, disposed of.

.                                               (D. Dash)
                                                  Judge



                                           (Dr. S.K. Panigrahi)
                                                   Judge

                                        // 3 //




             CRLA No.702 of 2022

07. 1. List this matter for hearing in the week commencing 7th

August, 2023.

2. Urgent certified copy of this order be granted on

proper application.

       .                                             (D. Dash)
                                                       Judge




                                                 (Dr. S.K. Panigrahi)
                                                         Judge

B.Jhankar