Sushanta Bhoi vs State Of Odisha
2023 Latest Caselaw 5522 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLA No.297 of 2023
        Sushanta Bhoi                       ....          Appellant
                                       Mr. Sahasransu Sourav, Adv.
                                 -versus-
        State of Odisha                   ....           Respondent
                                             Mr. S. K. Nayak, AGA

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

                                ORDER

Order                          09.05.2023
No.                       I.A. No.647 of 2023

04. 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, Sushanta Bhoi in Sessions Trial

No.86/03 of 2018-21 by the learned Additional Sessions

Judge, Sundargarh 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.

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

// 2 //

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, Sushanta Bhoi 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.

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

.                                               (D. Dash)
                                                  Judge




                                           (Dr. S.K. Panigrahi)
                                                   Judge

                                                // 3 //




                       CRLA No.297 of 2023

05. 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

               Digitally signed by
BHABAGRA BHABAGRAHI
           JHANKAR
HI JHANKAR Date: 2023.05.11
               10:05:42 +05'30'