Sumanta Kumar Padhi vs State Of Odisha
2023 Latest Caselaw 5166 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.1036 of 2022
            Sumanta Kumar Padhi                     ... Appellant
                                                     Mr.P. Swain,
                                                      Advocate

                                       -versus-

            State of Odisha                         ...     Respondent
                                                         Mr.S.Mishra, ASC
                    CORAM:
                    MR. JUSTICE D.DASH
                    Dr.JUSTICE S.K.PANIGRAHI
                                      ORDER

04.05.2023 Order No. I.A. No.1968 of 2022

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

2. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Sumanta Kumar Padhi by the Trial Court while convicting him for the offence under section 302/34 of IPC and his release on bail pending disposal of this Appeal.

3. Heard.

4. Taking into account the submissions made and on going through the judgment passed by the Trial Court; further keeping in view the role said to have been played by this Appellant in the entire incident as well as the manner in which the incident said to have been taken place and other surrounding circumstances including the fact that the Appellant being on bail during trial, has not misutilized the liberty and in the meantime is undergoing the sentence from the date of pronouncement of the judgment; We are inclined to direct that the execution of sentence imposed upon this Appellant in S.T. Case No.212 of 2017 (S.T. Case No.05 of 2018)

// 2 //

by the learned Sessions Judge, Kendrapara shall remain suspended till disposal of this Appeal.

Accordingly, it is directed that these Appellant (Sumanta Kumar Padhi) be released on bail pending this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that he will positively surrender before the Trial Court as and when required.

The I.A. is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

ORDER 04.05.2023 Order No. CRLA No.1036 of 2022

07. 1. List this Appeal for hearing in the week commencing 7th August, 2023 along with CRLA Nos.761 & 905 of 2022.

Issue urgent certified copy of this order on proper application.

(D. Dash), Judge.

                                                               (Dr. S.K.Panigrahi),
Basu                                                                   Judge


              Digitally signed
BASUD         by BASUDEV
              NAYAK
EV            Date:
              2023.05.04
NAYAK         18:32:38