Kuna Bhoi & Others vs State Of Odisha
2023 Latest Caselaw 12410 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.457 OF 2016

             Kuna Bhoi & Others          ....                     Appellants
                                                   Mr.D.Das, Advocate for
                                                          Appellant No.1,
                                               Mr.S.K.Samantaray, Adv. for
                                                      Appellant No.2,3 & 4
                                         -versus-
             State of Odisha             ....                    Respondent
                                                        Mr.S. N. Das, ASC

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

                                      ORDER

11.10.2023 Order No. I.A. No.2160 OF 2023

16. 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 Nos.2 & 3, namely, Kartika Bhoi & Hemanta Bhoi respectively by the Trial Court while convicting them for the offence under section 147/148/307/302 of IPC read with section 149 of the IPC and their 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 these Appellants as it emanate from the evidence on record; We are inclined to direct that further execution of sentence imposed upon these Appellants in Sessions Trial Case No.417 of 2009/24 of 2013 by the learned 3rd Additional Sessions Judge, Cuttack shall remain suspended till

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disposal of this Appeal and the Appellants be released on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant Nos. 2 & 3, namely, Kartika Bhoi & Hemanta Bhoi be released on bail pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court and they 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 11.10.2023 CRLA No.457 OF 2016 Order No.

17. 1. Instead of listing this Appeal in the week commencing 16th October, 2023, as directed, let the same be listed in the week commencing 18th December, 2023 along with CRLA No.488 of 2016.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC (G. Satapathy) Date: 13-Oct-2023 17:44:31 Judge Gitanjali