Kupan @ Upan @ Rubin Pupan vs State Of Odisha
2023 Latest Caselaw 12224 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.811 OF 2023
            Kupan @ Upan @ Rubin Pupan    ....           Appellant
            Kujur
                                           Mr.D. Panda, Advocate
                                        -versus-
            State of Odisha                        ....         Respondent
                                                     Mr.S.K. Nayak, AGA
                   MR. JUSTICE D. DASH
                   MR. JUSTICE G. SATAPATHY

                                      ORDER

09.10.2023 Order No. I.A. No.1725 of 2023

05. 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, the Trial Court while convicting him for the offence under section 302 of the Indian Penal Code by the learned Sessions Judge, Sundargarh in S.T. Case No.45 of 2016, pending disposal of this Appeal and for his release on bail.

3. Heard learned counsel for the Appellant and learned Additional Government Advocate for the Respondent.

4. Taking into account the submissions made and on going through the judgment passed by the Trial Court; further keeping in view the evidence as to the role of the Appellant emanating from the lips witnesses examined from the side of the prosecution in the trial which are impeached on several grounds and other surrounding circumstances, especially, the period of detention of the Appellant during trial and thereafter, being on bail for more

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than a year, again in custody after the judgment and when no such report adverse to his conduct is forthcoming; this Court is inclined to direct for suspension of further execution of sentence imposed upon this Appellant. Accordingly, we direct that he (Kupan @ Upan @ Rubin Pupan Kujur) be released in the aforesaid case by the learned Sessions Judge, Sundargarh pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further conditions that he shall positively 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
                                              09.10.2023
         Order No.                         CRLA No.811 of 2023
             06.        1.     The Appeal be listed in the week commencing 11.12.2023.

Issue urgent certified copy of the is order as per rules.

(D. Dash), Judge.

                                                                        (G.Satapathy),
Signature Not Verified                                                      Judge.
Digitally Signed
Signed by: BASUDEV NAYAK
Reason: Authentication
       BasuORISSA HIGH COURT
Location:
Date: 10-Oct-2023 17:07:07