Manorama Siya vs State Of Odisha
2023 Latest Caselaw 2613 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.285 of 2023


        Manorama Siya                          ....             Appellant
                                                      Mrs.Bharati Dash
                                                             Advocate
                                    -versus-
        State of Odisha                        ....          Respondent
                                                        Mr.S.K. Nayak,
                                                                 AGA
                CORAM:
                MR. JUSTICE D.DASH
                DR JUSTICE S.K. PANIGRAHI
                              ORDER

Order                        31.03.2023
No.


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

        2.      Heard.

        3.      Admit.

4. The digitized copy of the Trial Court record be called for.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge

// 2 //

ORDER Order 31.03.2023 No. I.A. No.616 of 2023

02. 1. Heard.

2. There shall be stay realization of fine till disposal of the Appeal.

3. The I.A is accordingly disposed of.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge ORDER Order 31.03.2023 No. I.A. No.615 of 2023

03. 1. This application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Manorama Siya by the Trial Court while convicting her for the offence under section 498-A/304-B IPC read with section 4 of D.P. Act and her release on bail pending disposal of this Appeal.

2. Heard Mrs.Dash, learned counsel for the Appellant and Mr.S.K. Nayak, learned Additional Government for the Respondent.

3. Taking into account the submissions made and on going through the judgment passed by the Trial Court as well as the depositions of the witnesses, finding the status of this Appellant in the family where the incident of burning of the daughter-in-law

// 3 //

took place as that of the mother-in-law, when she has already remained in custody for about a year or so and her son, having been convicted, is in custody and this Appellant being on bail during trial, has not misutilized the liberty; We are inclined to direct suspension of further execution of sentence imposed upon the Appellant and directs that she (Manorama Siya) be released on bail in S.T. Case No.135 of 2016 by the learned 2nd Additional Sessions Judge, Rourkela 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.

4. The I.A is accordingly disposed of.

5. Issue urgent certified copy as per rules.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge

Basu