Naba Kumar Bala vs State Of Orissa
2023 Latest Caselaw 4772 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.301 of 2020
        Naba Kumar Bala                       ....           Appellant

                                     Mr. Bhabani Sankar Mishra, Adv.

                                  -versus-

        State of Orissa                      ....           Respondent

                                                  Mr. S. Kanungo, ASC



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

                                  ORDER

Order                            01.05.2023
No.                         I.A. No.644 of 2020

11. 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, Naba Kumar Bala in T.R. No.59 of

2015 by the learned Additional Sessions Judge-cum-

Special Judge, Jeypore for his conviction for commission

of offences under Sections 342/ 376(2)(i)(k)(n)/506 of the

// 2 //

I.P.C. and Section 6 of the POCSO Act 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.

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, Naba Kumar Bala 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

// 3 //

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.

       .                                                (D. Dash)
                                                          Judge




                                                   (Dr. S.K. Panigrahi)
                                                           Judge

             CRLA No.301 of 2020

12. 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




BHABAGR Digitally signed
        by BHABAGRAHI

        Date: 2023.05.02
JHANKAR 13:46:42 +05'30'