Santosh @ Bijay Lohar vs State Of Odisha
2023 Latest Caselaw 10910 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               JCRLA No.35 OF 2019

            Santosh @ Bijay Lohar                  ....            Appellant
                                                   Sk. Zafarulla, Advocate

                                       -versus-
            State of Odisha                        ....          Respondent
                                                        Mr.S.K.Nayak, AGA
                   MR. JUSTICE D. DASH
                   MR. JUSTICE A.C. BEHERA

                                      ORDER

05.09.2023 Order No. I.A. No.111 of 2023

03. 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, Santosh @ Bijay Lohar by the Trial Court while convicting him for the offence under section 302 of the Indian Penal Code by the learned Additional Sessions Judge, Champua in S.T. Case No.5 of 2014, pending disposal of this Appeal and for his release on bail.

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

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 this Appellant in the entire incident as stated by the witnesses examined from the side of the prosecution in the trial which are impeached on several grounds and other surrounding circumstances especially the period of

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detention of the Appellant in custody, this Court is inclined to direct for suspension of further execution of sentence imposed upon this Appellant. Accordingly, we direct that he (Santosh @ Bijay Lohar) be released on bail in S.T. Case No.5 of 2014 by the learned Additional Sessions Judge, Champua pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that he shall positively surrender before the Trial Court as and when so required.

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

(D. Dash), Judge.

(A.C.Behera), Judge.

                                      ORDER
                                     05.09.2023
Order No.                       I.A. No.110 of 2023
   04.      1.     Heard.

2. There shall be stay realization of fine till disposal of the Appeal.

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

(D. Dash), Judge.

(A.C.Behera), Judge.

                                    ORDER
                                   05.09.2023
Order No.                       CRLA No.35 of 2019
   05.      1.     List this Appeal for final hearing on 28.11.2023.



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Issue urgent certified copy of this order on proper application.

(D. Dash), Judge.

(A.C.Behera), Judge.

Basu

Signature Not Verified Digitally Signed Signed by: BASUDEV NAYAK Reason: Authentication Location: OHC Date: 08-Sep-2023 12:10:43