Citation : 2023 Latest Caselaw 13448 Ori
Judgement Date : 31 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.81 of 2012
Hrushikesh Patra @ Kunu Patra .... Appellant
Mr. M. Chand, Advocate
-versus-
State of Orissa .... Respondent
Mr. S.K. Nayak, AGA
MR. JUSTICE D. DASH
MR. JUSTICE G.SATAPATHY
ORDER
31.10.2023 Order No. I.A. No.681 of 2022
08. 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 by the Trial Court while convicting him for the offence under sections 498-A/304-B/302 of the Indian Penal Code read with section 4 of DP Act by the learned 2nd Additional Sessions Judge, Berhampur in Sessions Trial No.65 of 2007/ S.T. No.156 of 2007- GDC, pending disposal of this Appeal and for his release on bail.
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 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 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 till 7th January, 2024 from the
// 2 //
date of his actual release from custody on such terms and conditions as deemed just and proper by the learned 2nd Additional Sessions Judge, Berhampur in Sessions Trial No.65 of 2007/ S.T. No.156 of 2007-GDC with further conditions that 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.
(D. Dash), Judge.
(G.Satapathy), Judge.
ORDER
31.10.2023
Order No. CRLA No.81 of 2012
09. 1. List this matter on 08.01.2024.
Issue urgent certified copy of this order on proper application.
(D. Dash), Judge.
(G. Satapathy), Judge.
Signature Not Verified Kishore/Subhasmita Digitally Signed Signed by: SUBHASMITA DAS Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 01-Nov-2023 13:40:19
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