Harihar Pradhan & Others vs State Of Odisha
2023 Latest Caselaw 5268 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.227 of 2023
            Harihar Pradhan & Others         ....                  Appellants
                                                Mr.Sudipto Panda, Advocate
                                        -versus-
            State of Odisha                         ....           Respondent
                                                         Mr.S.K. Nayak, AGA
                                       ORDER

05.05.2023 Order No. I.A. No.478 of 2023

04. 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 Appellants, namely, Harihar Pradha, Sukanti Pradhan & Narmada Swain by the Trial Court while convicting them for the offence under section 302/120-B/300 of the Indian Penal Code by the learned Sessions Judge, Nayagarh in S.T. Case No.118 of 2020, pending disposal of this Appeal and for their release on bail.

3. Heard learned Counsel for the Appellants and learned Additional Government Advocate 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 role said to have been played by these Appellants in the entire incident as stated to by the witnesses examined from the side of the prosecution in the trial which are impeached on several grounds and other surrounding circumstances especially the period of detention of the Appellants in custody, while being not inclined to direct suspension of further execution of sentence imposed upon Appellant Nos.1 & 3 (Harihar Pradhan & Narmada Swain), we are

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inclined to direct for suspension of further execution of sentence imposed upon Appellant No.2 (Sukanti Pradhan) Accordingly, we direct that she (Sukanti Pradhan) be released on bail in S.T. No.118 of 2020 by the learned Sessions Judge, Nayagarh pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that she shall positively surrender before the Trial Court as and when so required.

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

(D. Dash), Judge.

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

ORDER 05.05.2023 CRLA No.227 of 2023 Order No.

05. 1. List this Appeal in the week commencing 17th July, 2023.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

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

                                     Digitally signed
                   BASUD             by BASUDEV
                                     NAYAK
                   EV                Date:
                                     2023.05.08
                   NAYAK             10:33:27
                                     +05'30'