Bhagaban Dangua & Others vs State Of Odisha
2023 Latest Caselaw 13745 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA NO.1112 OF 2023
            Bhagaban Dangua & Others               ....           Appellants
                                                  Mr.S.D. Das, Sr.Advocate
                                       -versus-
            State of Odisha                        ....         Respondent
                                                    Mr. S.K. Nayak, AGA.
                    CORAM:
                    MR. JUSTICE D.DASH
                    MR.JUSTICE G. SATAPATHY
                                   ORDER

06.11.2023 Order No. I.A. NO. 2515 OF 2023

02. 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 these Appellants, namely, Bhagaban Dangua, Narayan Dangua & Subash Swain by the Trial Court while convicting them for the offence under section -147/148/323/324/307/302/149 of the Indian Penal Code by the learned Additional Sessions Judge, Aska in S.T. Case No.12 of 2013, pending disposal of this Appeal.

3. Heard learned Counsel for the Appellants and learned Additional Government Advocate for the Respondent.

4. Taking into account the submissions made and on going through the judgments 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 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 these Appellants in custody, this Court is inclined to direct for suspension of further execution of sentence imposed upon

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these Appellants. Accordingly, we direct that they (Bhagaban Dangua, Narayan Dangua & Subash Swain) be released on bail in connection with S.T. No.12 of 2013 by the learned Additional Sessions Judge, Aska pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further conditions that they shall positively surrender before the Trial Court as and when so required; and shall not indulge themselves in any criminal activity.

The I.A. is accordingly disposed of.

(D. Dash), Judge.

(G. Satapathy) Judge.

ORDER 06.11.2023 CRLA NO.1112 OF 2023 Order No.

03. 1. The Appeal be listed for hearing in the week commencing 12th February, 2024.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

(G. Satapathy) Judge.

Signature Not Verified Narayan

Digitally Signed Signed by: NARAYAN HO Designation: Peresonal Assistant Reason: Authentication Location: OHC Date: 08-Nov-2023 18:15:14