Abdul Rahim vs State Of Odisha
2023 Latest Caselaw 15131 Ori

Orissa High Court

Abdul Rahim vs State Of Odisha on 28 November, 2023

Bench: D.Dash, G.Satapathy

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLA No.631 of 2023
            Abdul Rahim                    ....                      Appellant
                                                              Mr. S.R. Mulia,
                                                                    Advocate
                                        -versus-

            State of Odisha                    ....              Respondent
                                                     Mr. S.K. Nayak, AGA
                    CORAM:
                    MR. JUSTICE D.DASH
                    MR. JUSTICE G.SATAPATHY
                                      ORDER

28.11.2023 Order No. I.A. No.1369 of 2023

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

2. The Appellant, namely, Abdul Rahim by filing this application under section 389 of Cr.P.C., has prayed for suspension of execution of sentence imposed upon him in S.T. Case No.04/312 of 2022 by the learned Additional Sessions Judge-Cum-Presiding Officer, Designated Court under OPID Act, Balasore and his release on bail pending disposal of the appeal.

3. Heard learned counsel for the Appellant and learned counsel for the State.

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 Appellant 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 circumstances including the period of detention of the Appellant in custody, it is directed that the Appellant, namely, Abdul Rahim be

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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 Appellant 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 28.11.2023

08. 1. List this matter in the week commencing 18.03.2024.

(D. Dash) Judge

(G. Satapathy) Judge

Kishore/Subhasmita

Location: High Court of Orissa