Balu Shisha vs State Of Orissa
2023 Latest Caselaw 4763 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          JCRLA No.15 of 2020


        Balu Shisha                            ....           Appellant

                                                   Mr. Rajeet Roy, Adv.

                                   -versus-

        State of Orissa                       ....          Respondent

                                              Mr. Sitikant Mishra, ASC



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


                                 ORDER

Order                           01.05.2023
No.                         I.A. No.45 of 2020

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

(virtual / physical) mode.

2. The Appellant (Balu Shisha) by filing this application

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

suspension of execution of sentence imposed upon him in

C.T. No.74 of 2016 by the learned Additional Sessions

Judge, Malkangiri and his release on bail pending

disposal of this Appeal.

// 2 //

3. Heard learned Counsel for the Appellant and learned

Additional Standing Counsel for the State.

4. Considering the submissions made and on going

through the impugned judgment; further taking into

account the fact that the prosecution case is based on

circumstantial evidence which are taken together is said

to have been not completing the chain; and also the

surrounding circumstances including the factum of

detention of the Appellant in custody since 19.12.2015

when 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 C.T. No.74 of 2016

by the learned Additional Sessions Judge, Malkangiri

shall remain suspended in releasing the Appellant on bail

pending disposal of the Appeal.

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

Shisha) 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.

// 3 //

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

        .                                                (D. Dash)
                                                           Judge




                                                    (Dr. S.K. Panigrahi)
                                                            Judge

              JCRLA No.15 of 2020

6. 1. List this matter for hearing in the week commencing 9th

October, 2023.

2. Urgent certified copy of this order be granted on

proper application.

        .                                                (D. Dash)
                                                           Judge




                                                    (Dr. S.K. Panigrahi)
                                                            Judge

 B.Jhankar




BHABAGRA Digitally  signed by
           BHABAGRAHI JHANKAR

HI JHANKAR Date: 2023.05.02
           13:47:21 +05'30'