Debananda Bag @ Kidny vs State Of Odisha
2023 Latest Caselaw 14642 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLA No.168 of 2015

            Debananda Bag @ Kidny                   ....             Appellant
                                                           Ms. D. Mohapatra,
                                                                   Advocate,
                                        -versus-
            State of Odisha                         ....           Respondent
                                                         Mr. G. N. Rout, ASC

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

                                       ORDER

15.11.2023 Order No. I.A. No.675 of 2023

08. 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, Debananda Bag @ Kidny by the Trial Court while convicting him for the offence under section 302/307 of the Indian Penal Code by the learned Sessions Judge-cum-Special Judge, Balangir in Sessions Case No.113 of 2012, pending disposal of this Appeal and for his release on bail.

3. Heard learned Counsel for the Appellant and learned Additional Standing Counsel.

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

// 2 //

suspension of further execution of the sentence and grant him bail pending disposal of this Appeal, this application stands disposed of granting interim bail to the Appellant (Debananda Bag @ Kidny) for a period of two (3) months from the date of his actual release from custody on such terms and conditions as deemed just and proper by the learned Sessions Judge-cum-Special Judge, Balangir in Sessions Case No.113 of 2012 with further conditions that the Appellant 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.

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

(D. Dash), Judge.

(G. Satapathy), Judge.

ORDER 15.11.2023 CRLA No.168 of 2015 Order No.

09. 1. List this matter in the week commencing 26th February, 2024 for final hearing.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Signature Not Verified
Digitally Signed
Signed by: GITANJALI NAYAK
Reason: Authentication
Location: OHC                                                               (G. Satapathy),
Date: 20-Nov-2023 18:06:20
                                                                                  Judge.
          Gitanjali