Sushama Bariha vs State Of Odisha
2023 Latest Caselaw 12849 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.420 of 2023
            Sushama Bariha              ....               Appellant
                                             Mr. J. Sahu, Advocate
                                 -versus-

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

17.10.2023 Order No. I.A. No.914 of 2023

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

2. The Appellant, namely, Sushama Bariha by filing this application under section 389 of Cr.P.C., has prayed for suspension of execution of sentence imposed upon him in C.T. Case No.23 of 2018 by the learned Additional District & Sessions Judge, Padampur and his release on bail pending disposal of the appeal.

3. Heard learned counsel for the Appellant and learned counsel for the State.

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 manner in which the incident said to have place as it emanates from the evidence of prosecution witnesses and the surrounding circumstances including long period of detention of the petitioner who is a lady aged about 38 years, when it has been reported by the Superintendent, Sub-Jail, Padampur that her mental condition is stable and she is taking medicine regularly sharing normal behavior inside the jail with other inmates, while being inclined the further suspension of

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sentence, it is directed that the Appellant 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 her parents would give undertaking by filing an affidavit that they will take care and look after the Appellant and monitor her treatment.

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

(D. Dash) Judge

(G. Satapathy) Judge ORDER 17.10.2023 Order No. CRLA No.420 of 2023

09. 1. List this matter in the week commencing 11.12.2023.

(D. Dash) Judge

(G. Satapathy) Judge

Kishore/Subhasmita

Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 18-Oct-2023 15:16:45