Govinda Das And Another vs State Of Odisha
2023 Latest Caselaw 12542 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.589 of 2021
            Govinda Das and another      ....                    Appellants
                                                          Ms. B. Tripathy,
                                                                Advocate
                                        -versus-

            State of Odisha                    ....             Respondent
                                                        Mr. P.K. Mohanty,
                                                                    ASC
                      CORAM:
                      MR. JUSTICE D.DASH
                      MR. JUSTICE G.SATAPATHY
                                       ORDER

12.10.2023 Order No. I.A. No.2055 of 2023

07. 1. This matter is taken up through hybrid arrangement (virtual/physical) mode.

2. The Appellant No.2, namely, Sivram Das by filing this application under section 389 of Cr.P.C., has prayed for suspension of execution of sentence imposed upon him in S.T. Case No.316 of 2013/CIS No.634 of 2015 by the learned Additional Sessions Judge, Chatrapur and his release on bail pending disposal of the appeal.

3. Heard learned counsel for the Appellant No.2 and learned counsel for the State.

4. Taking into account the submissions made and on going through the judgment passed by the trial Court, further keeping in view the role said to have been played by the Appellant No.2, namely, Sivram Das in the entire incident as those emanate from the evidence tendered through the witnesses examined from the side of the prosecution in the trial which are impeached on various grounds and other surrounding circumstances including the period of detention of the Appellant No.2 in custody, it is directed that the

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Appellant No.2, namely, Sivram Das be released on bail in the above mentioned case pending disposal of this appeal on such terms and conditions as deemed just and proper by the trial Court with further condition that the Appellant No.2 shall 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 12.10.2023 Order No. CRLA No.589 of 2021

08. 1. List this matter on 05.12.2023.

(D. Dash) Judge

(G. Satapathy) Judge

kishore

Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 13-Oct-2023 10:33:25