Bhagaban Anka vs State Of Odisha
2023 Latest Caselaw 12005 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               CRLA No.331 of 2023
            Bhagaban Anka                                          Appellants
                                                         Mr.Arijeet Mishra,
                                                                    Advocate
                                         -versus-

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

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




                                      ORDER

05.10.2023 Order No. I.A. No.714 of 2023

05. 1. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Bhagaban Anka by the Trial Court while convicting him for the offence under sections 366/342/506/323/354B/376(2)(i)(n), IPC and his release on bail pending disposal of this Appeal.

2. Heard Mr.A. Mishra, learned counsel for the Appellant and Mr.S.K. Nayak, learned Additional Government Advocate for the Respondent.

3. Taking into account the submissions made and on going through the impugned judgment passed by the Trial Court including the deposition of the victim (P.W.2); further keeping in view the surrounding circumstances as to the period of detention of the Petitioner during trial as well as after pronouncement of the judgment till now; We are inclined to direct that the execution of

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sentence imposed upon the Appellant in T.R. Case No.08 of 2016 by the learned Additional Sessions Judge-cum-Special Court under POCSO Act, Jeypore shall remain suspended pending disposal of this Appeal.

Accordingly, it is directed that the Appellant (Bhagaban Anka) 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 appear before the Trial Court as and when would be so directed.

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

Issue urgent certified copy as per rules.

(D. Dash), Judge

(G. Satapathy) Judge

ORDER 05.10.2023 Order No. CRLA No.331 of 2023

06. 1. List this matter in the week commencing 15th January, 2024 for final hearing.

(D. Dash), Judge

Signature Not Verified Digitally Signed Signed by: HIMANSU SEKHAR DASH (G. Satapathy), Reason: Authentication Judge Location: OHC Date: 10-Oct-2023 16:46:44

Himansu