Ram Gopal Khemka vs State Of Odisha
2023 Latest Caselaw 12411 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.450 of 2022
            Ram Gopal Khemka               ....                        Appellant
                                                            Mr.S.C. Mohapatra,
                                                              Senior Advocate,
                                        -versus-
            State of Odisha                            ....          Respondent
                                                         Mr.S. N. Das, ASC
                                                             Mr.B.R.Behera,
                                                   Advocate for the Informant
            CORAM:
            MR. JUSTICE D.DASH
            MR. JUSTICE G. SATAPATHY

                                       ORDER

11.10.2023 Order No. I.A. No.2249 of 2023

10. 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, Ram Gopal Khemka by the Trial Court while convicting him for the offence under section 376(2)(f)/306/498-A of the Indian Penal Code by the learned Additional Sessions Judge, Rairangpur in Sessions Trial No.17 of 2018, pending disposal of this Appeal and for his release on bail.

3. Heard learned Counsel for the Appellant and learned Additional Standing Counsel.

4. Taking into account the submissions made and on going through the judgment passed by the Trial Court as well as the depositions of the prosecution witnesses, further keeping in view the period of detention in custody for the role ascribed to him in the incident, while, at this stage, we are not inclined to direct for

// 2 //

suspension of further execution of the sentence and grant him bail pending disposal of this Appeal, this application stands disposed of granting interim bail to the Appellant (Ram Gopal Khemka) for a period of two (2) months from the date of his actual release from custody on such terms and conditions as deemed just and proper by the learned Additional Sessions Judge, Rairangpur in Sessions Trial No.17 of 2018 with further conditions that the Appellant shall not indulge himself in any criminal activity during the period of interim bail; and shall positively surrender before the Trial Court as would be so directed by the said Court on expiry of period of interim bail.

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

(D. Dash), Judge.

(G. Satapathy), Judge.

ORDER 11.10.2023 CRLA No.450 of 2022 Order No.

11. 1. List this Appeal along with CRLA No.600 of 2022 & CRLREV No.362 of 2022.

Issue urgent certified copy 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