Bela Parida @ Dei & Another vs State Of Odisha
2023 Latest Caselaw 6356 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLA NO.152 OF 2019
            Bela Parida @ Dei & Another          ....           Appellants
                                            Mr.R.K. Mohapatra, Advocate.
                                       -versus-
            State of Odisha                      ....         Respondent
                                                         Mr.S.K. Nayak,
                                             Addl. Government Advocate.
                    CORAM:
                    MR. JUSTICE D.DASH
                    DR. JUSTICE S.K. PANIGRAHI
                                   ORDER

17.05.2023 Order No. I.A. NO.1028 OF 2023

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

2. The Appellants by filing this Application under section-389 of the Cr.P.C. have prayed for suspension of execution of sentence imposed upon them for the conviction recorded under section-498- A/302/34 of the Indian Penal Code by the learned Sessions Judge, Jagatsinghpur in C.T. Case No.142 of 2015 (456/2015), pending disposal of this Appeal.

3. Heard learned Counsel for the Appellants and the 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 of these Appellants as also other surrounding circumstances which emerge from the evidence of other prosecution witnesses; we are not inclined to accept the prayer of the Appellants as advanced in the application. However, taking into account the period of detention of the Appellants in custody; we direct that the Appellants namely, Bela Parida @ Dei and Chhabilata Parida be

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released on interim bail for a period of four (4) months from the date of their actual release from custody on such terms and conditions as deemed just and proper by the Trial Court with further conditions that the Appellants shall not indulge themselves in any criminal activity during the period of interim bail; and 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 ORDER 17.05.2023 CRLA NO.152 OF 2019 Order No.

06. 1. List this Appeal for hearing in the week commencing 11th September, 2023.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge.

(Dr. S.K.Panigrahi), Judge Narayan Signature Not Verified Digitally Signed Signed by: NARAYAN HO Designation: Personal Assistant Reason: Authentication Location: OHC Date: 18-May-2023 18:02:12