Biku @ Sunil Kumar vs State Of Odisha
2023 Latest Caselaw 13945 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.332 OF 2017

             Biku @ Sunil Kumar ....                               Appellants
             Prusty @ Sunil Prusty                  Mr. B. Dalai, Advocate

                                        -versus-
             State of Odisha            ....                      Respondent
                                                     Mr. S. K. Nayak, AGA

                     CORAM:
                     MR. JUSTICE D.DASH
                     MR. JUSTICE G. SATAPATHY

                                      ORDER

08.11.2023 Order No. I.A. No.2609 OF 2023

21. 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, Biku @ Sunil Kumar Prusty @ Sunil Prusty by the Trial Court while convicting him for the offence under section 342/506- II/394/302/120-B of the IPC read with section 25(1-B) (a) of the Arms Act and section 27(1) of the Arms Act and his release on bail pending disposal of this Appeal.

3. Heard.

4. Taking into account the submissions made and on going through the impugned judgment of conviction passed by the Trial Court; further keeping in view the role of this Appellant as it emanates from the evidence on record and the surrounding circumstances as to the period of detention of the Petitioner and absence of any adverse report while in interim bail; We are inclined to direct that further execution of sentence imposed upon this Appellant in Sessions Trial Case No.97 of 2012/14 of 2013 by the

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learned 3rd Additional Sessions Judge, Cuttack shall remain suspended till disposal of this Appeal and the Appellant be released on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant, namely, Biku @ Sunil Kumar Prusty @ Sunil Prusty be released on bail 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 not indulge himself in any criminal activity; shall appear before the Inspector-in-Charge of Purighat P.S. on every alternative Monday in between 10.00 a.m to 2.00 pm; and shall positively surrender before the Trial Court as and when so required.

The I.A is accordingly disposed of.

(D. Dash), Judge

(G. Satapathy) Judge ORDER 08.11.2023 CRLA No.332 OF 2017 Order No.

22. 1. List this matter in the week commencing 22nd January, 2024.

(D. Dash), Judge Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 10-Nov-2023 14:00:05 (G. Satapathy) Judge Gitanjali