Panda Hembram @ Singh And vs State Of Orissa
2023 Latest Caselaw 14034 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.216 of 2014
            Panda Hembram @ Singh and        ....           Appellants
            another
                                          Mr. D. Nayak, Sr. Advocate
                                  -versus-
            State of Orissa                         ....           Respondent
                                                    Mr. P.K. Mohanty, ASC
                    MR. JUSTICE D. DASH
                    MR. JUSTICE G.SATAPATHY
                                   ORDER

09.11.2023 Order No. I.A. No.1857 of 2017

04. 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 No.2, namely, Kalia Hembram @ Singh by the Trial Court while convicting him for the offence under sections 302/34 of the Indian Penal Code by the learned Additional Sessions Judge, Balasore in Sessions Trial No.54/180 of 2011, pending disposal of this Appeal and for his release on bail.

3. Heard learned Counsel for the Appellant No.2 and learned Counsel 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 period of detention in custody for the role ascribed to him in the incident, while, at this stage, we are not inclined to direct for suspension of further execution of the sentence and grant him bail pending disposal of this Appeal, this application stands disposed of

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granting interim bail to the Appellant No.2, namely, Kalia Hembram @ Singh till 18th January, 2024 from the date of his actual release from custody on such terms and conditions as deemed just and proper by the learned Additional Sessions Judge, Balasore in Sessions Trial No.54/180 of 2011 with further conditions that Appellant No.2 shall not indulge himself 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.

(D. Dash), Judge.

(G.Satapathy), Judge.

                                                        ORDER
                                                       09.11.2023
            Order No.                               CRLA No.216 of 2014
                  05.            1.      List this matter on 22.01.2024.

Issue urgent certified copy of this order on proper application.

(D. Dash), Judge.

(G. Satapathy), Judge.

Signature Not Verified Digitally Signed Signed Kishore/Subhasmita by: SUBHASMITA DAS Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 10-Nov-2023 13:16:43