Orissa High Court
Ganapati Swain vs State Of Orissa on 19 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.341 of 2018
Ganapati Swain .... Appellant
Mr. Kali Prasanna Mishra Sr. Adv.
-versus-
State of Orissa .... Respondent
Mr. S. K. Nayak, AGA
CORAM:
MR. JUSTICE D. DASH
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 19.05.2023
No. I.A. No.907 of 2023
14. 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, Ganapati Swain in Sessions Trial
No.292 of 2014 by the learned Additional Sessions Judge,
Chatrapur (Ganjam) for his conviction for commission of
offence under Section 302/34 of the I.P.C. and his release
on bail pending disposal of this Appeal.
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Secretary
Reason: Authentication
Location: OHC, CUTTACK
Date: 19-May-2023 20:20:42
// 2 //
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
well as the depositions of the prosecution witnesses,
further keeping in view the role said to have been played
by the present 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, considering the age
and geriatric care of the Appellant and the fact that his
family members need his presence for some time as
pointed out by the learned counsel for the Appellant, we
are inclined to grant interim bail to the Appellant for a
period of three (3) months from the date of his actual
release from custody. Accordingly, it is directed that the
Appellant, namely, Ganapati Swain 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
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Secretary
Reason: Authentication
Location: OHC, CUTTACK
Date: 19-May-2023 20:20:42
// 3 //
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
CRLA No.341 of 2018
15. 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
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR
Designation: Secretary
Reason: Authentication
Location: OHC, CUTTACK
Date: 19-May-2023 20:20:42
