Tharpa Majhi @ Gouranga Majhi vs State Of Odisha
2023 Latest Caselaw 5775 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.22 OF 2022
            Tharpa Majhi @ Gouranga Majhi  ....                     Appellant
                                                Mr.Debasnan Dash, Advocate
                                           -versus-
            State of Odisha                           ....        Respondent
                                                      Mr.S.S.Kanungo, AGA
                                       ORDER

11.05.2023 Order No. I.A. No.29 of 2022

05. 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, Tharpa Majhi @ Gouranga Majhi by the Trial Court while convicting him for the offence under section 323/302/34 of the Indian Penal Code by the learned Additional Sessions Judge, Kujang in S.T. No.399(B) of 1999, pending disposal of this Appeal and for his release on bail.

3. Heard learned Counsel for the Appellant and learned Additional Government Advocate 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 this Appellant 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 Appellant in custody as well as the factum of grant of bail to the co-convict, this Court is inclined to direct for suspension of further execution of sentence imposed upon this

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Appellant. Accordingly, we direct that he (Tharpa Majhi @ Gouranga Majhi) be released on bail in S.T. No.399(B) of 1999by the learned Additional Sessions Judge, Kujang pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that he 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 11.05.2023 CRLA No.22 of 2022 Order No.

06. 1. List this Appeal for hearing in the week commencing 18.09.2023 along with JCRLA No.55 of 2009.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

                                                                  (Dr. S.K.Panigrahi),
                        Digitally signed                                Judge
Basu       BASUD byNAYAK
                     BASUDEV

           EV    Date:
                 2023.05.12
           NAYAK 10:28:39
                 +05'30'