Citation : 2023 Latest Caselaw 12310 Ori
Judgement Date : 10 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.427 OF 2023
Golekha @ Golakha Rout .... Appellant
Mr.K.C. Sarangi,
Advocate
-versus-
State of Odisha .... Respondent
Mr.S. N. Das, ASC
CORAM:
MR. JUSTICE D.DASH
MR. JUSTICE G. SATAPATHY
ORDER
10.10.2023 I.A. No.938 of 2023 Order No.
04. 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, Golekha @ Golakha Rout by the Trial Court while convicting him for the offence under section 302/34 of the IPC, and his release on bail pending disposal of this Appeal.
3. Heard.
4. Taking into account the submissions made and on going through the impugned judgment of conviction passed by the Trial Court; further keeping in view the role of this Appellant as it emanates from the evidence on record which are impeached; we are inclined to direct that further execution of sentence imposed upon this Appellant in S.T No.93 of 2021 by the learned Sessions Judge, Nayagarh shall remain suspended till disposal of this Appeal and the Appellant be released on bail pending disposal of this Appeal.
// 2 //
Accordingly, it is directed that the Appellant, namely, Golekha @ Golakha Rout be released on bail pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court and the Appellant shall positively surrender before the Trial Court as and when so required.
The I.A. is accordingly disposed of.
(D. Dash), Judge
(G. Satapathy) Judge
ORDER 10.10.2023 CRLA No.427 OF 2023 Order No.
05. 1. List this matter in the week commencing 22nd January, 2024.
Issue urgent certified copy of this order as per rules.
(D. Dash), Judge
(G. Satapathy) Signature Not Verified Judge DigitallyGitanjali Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 13-Oct-2023 17:43:16
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