Biru Bagh vs State Of Odisha
2023 Latest Caselaw 4761 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                          CRLA No.285 OF 2018
        Biru Bagh                              ....         Appellant
                                               Mr.B.K.Das, Advocate
                                    -versus-
        State of Odisha                        ....        Respondent
                                                Mr. S.K.Nayak, AGA.
                  CORAM:
                  MR. JUSTICE D.DASH
                  DR. JUSTICE S.K. PANIGRAHI

Order No.                          Order
 04.                             01.05.2023
                            I.A. No.411 of 2023

        1.      The matter is taken up through hybrid arrangement
        (virtual/ physical) mode.
        2.      The Appellant, by filing this Appeal, under section 389 of
        the Code of Criminal Procedure, 1973, has prayed for his release
        on bail in connection with Brajarajnagar P.S. Case No.259 of 2013
        corresponding to G.R. Case No.1585 of 2013 pending in the Court
        of the learned Additional Sessions Judge, Jharsuguda running for
        the alleged commission of offence under section 302 of the IPC.
        3.      Heard learned counsel for the Appellant and learned
        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 in custody and the suffering of his
        family members as contended by the learned counsel for the
        Appellant, while, at this stage, We are not inclined to direct for
        suspension of further execution of the sentence and grant him bail
        pending disposal of this Appeal, this application stands disposed of
        granting interim bail to the Appellant for a period of three (03)

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                       months from the date of his actual release from custody on such
                       terms and conditions as deemed just and proper by the Trial Court
                       in S.T. Case No.24 of 2014 with further conditions that the
                       Appellant shall not leave the jurisdiction of the Court during the
                       period of interim bail; and shall positively surrender before the
                       Trial Court as would be so directed by the said Court on expiry of
                       period of interim bail.
                       5.       The I.A. is accordingly disposed of.
                                Issue urgent certified copy of this order as per rules.



                                                                            (D. Dash),
                                                                             Judge




                                                                       (Dr. S.K.Panigrahi)
                                                                              Judge
                                                ORDER

01.05.2023 CRLA No.285 OF 2018 Order No.

05. 1. List this matter in the week commencing 16th October, 2023.

(D. Dash), Judge

Digitally signed GITANJA by GITANJALI NAYAK (Dr. S.K.Panigrahi) LI NAYAK Date: 2023.05.03 13:23:48 +05'30' Judge

Gitanjali