Bhagaban Apat And Others vs State Of Odisha
2023 Latest Caselaw 14522 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.958 of 2023
            Bhagaban Apat and others     ....                   Appellants
                                                             Mr. S.P. Das,
                                                                Advocate
                                       -versus-

            State of Odisha                    ....             Respondent
                                                    Mr. S.K. Nayak, AGA
                                                         Mr. B.K. Parida,
                                                                 Advocate
                                                           (for Informant)
                    CORAM:
                    MR. JUSTICE D.DASH
                    MR. JUSTICE G.SATAPATHY
                                      ORDER

13.11.2023 Order No. I.A. No.2064 of 2023

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

2. The Appellants by filing this application under section 389 of Cr.P.C., have prayed for suspension of execution of sentence imposed upon them in S.T. Case No.14 of 2022 by the learned Additional Sessions Judge, Champua and their release on bail pending disposal of the appeal.

3. Heard Mr. S.P. Das, learned counsel for the Appellants, Mr. B.K. Parida, learned counsel for the Informant and Mr. S.K. Nayak, learned AGA.

4. Taking into account the submissions made and on going through the judgment passed by the trial Court, further keeping in view the role said to have been played by the Appellants in the entire incident as those emanate from the evidence tendered through the witnesses examined from the side of the prosecution in the trial which are impeached on various grounds and other surrounding

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circumstances including the period of detention of the Appellants in custody, it is directed that the Appellants be released on bail in the above mentioned case pending disposal of this appeal on such terms and conditions as deemed just and proper by the trial Court with further condition that the Appellants shall not indulge themselves in any criminal activity during the period of bail; and shall surrender before the trial Court as and when so required.

5. The I.A. is accordingly disposed of.

(D. Dash) Judge

(G. Satapathy) Judge ORDER 13.11.2023 Order No. CRLA No.958 of 2023

03. 1. List this matter in the week commencing 05.02.2024 along with CRLA No.969 of 2023.

(D. Dash) Judge

(G. Satapathy) Judge

Kishore/Subhasmita Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 14-Nov-2023 17:08:59