Jinu Sisha vs State Of Odisha
2023 Latest Caselaw 4766 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.526 of 2021
        Jinu Sisha                            ....         Appellant

                                         Mr. Gopinath Mishra, Adv.

                                  -versus-

        State of Odisha                      ....        Respondent

                                             Mr. S. S. Kanungo, AGA



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

                                  ORDER

Order                            01.05.2023
No.                         I.A. No.958 of 2021

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

(virtual / physical) mode.

2. This is an application under Section 389 of the Cr.P.C.

for suspension of execution of sentence imposed upon the

Appellant, namely, Jinu Sisha in C.T. Case No.36 of 2020

by the learned Sessions Judge, Malkangiri for his

conviction for commission of offence under Section 302 of

the I.P.C. and his release on bail pending disposal of this

Appeal.

// 2 //

3. Heard learned Counsel for the Appellant and learned

Additional Government Advocate for the State.

4. Taking into account the submissions made and on

going through the judgment passed by the Trial Court as

well as the depositions of the prosecution witnesses,

further keeping in view the role said to have been played

by the Appellant and the manner in which the incident

had taken place as emerged from the evidence; We are not

inclined to direct for suspension of further execution of

the sentence and grant him on bail pending disposal of

this Appeal. However, we are inclined to grant interim

bail to the Appellant for a period of three months from the

date of his actual release from custody. Accordingly, it is

directed that the Appellant, namely, Jinu Sisha be released

on interim bail in the aforesaid case for a period of three

(3) months from the date of his actual release from

custody 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 would be so directed by the said Court on expiry

of period of interim bail.

// 3 //

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

            .                                                (D. Dash)
                                                               Judge




                                                        (Dr. S.K. Panigrahi)
                                                                Judge

                  CRLA No.526 of 2021

06. 1. List this matter for hearing in the week commencing

25th September, 2023.

2. Urgent certified copy of this order be granted on

proper application.

            .                                                (D. Dash)
                                                               Judge




                                                        (Dr. S.K. Panigrahi)
                                                                Judge

     B.Jhankar

BHABAGRAHI Digitally signed by BHABAGRAHI JHANKAR

JHANKAR Date: 2023.05.02 13:47:57 +05'30'