Prafulla Rout & Another vs State Of Odisha
2024 Latest Caselaw 5900 Ori

Orissa High Court

Prafulla Rout & Another vs State Of Odisha on 2 April, 2024

Bench: D. Dash, V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLA No. 1109 of 2024
             Prafulla Rout & Another            ....                 Appellants
                                                     Mr. S.K. Sahoo, Advocate
                                         -versus-

             State of Odisha                    ....                Respondent

                                                      Mr. P.K. Mohanty, ASC

                               CORAM:
                               Mr. JUSTICE D. DASH
                               Mr. JUSTICE V. NARASINGH
                                        ORDER

02.04.2024 I.A. No.2448 of 2023 Order No.

01. 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 Appellants by the Trial Court while convicting them for the offence under Section 302/34 of the IPC and their release on bail pending disposal of this Appeal.

3. Heard.

4. Taking into account the submissions made and on going through the impugned judgment of conviction passed by the Trial Court and keeping in view the manner in which the incident is said to have been taken place in presence of accused Bikram Rout who is the husband of the deceased and as the death is on account of strangulation and these Appellants have been acquitted of the

charge under Section 498A/304B of the IPC as also Section 4 of the D.P. Act; we are inclined to direct that further execution of sentence imposed upon this Appellants in C.T(S) Case No.29 of 2020 by the learned Additional Sessions Judge, Angul shall remain suspended till disposal of this Appeal and the Appellants be released on bail pending disposal of this Appeal.

5. Accordingly, it is directed that the Appellants, namely, Prafulla Rout and Bilash Rout be released on bail pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that they will positively surrender before the Trial Court as and when so required.

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

(D. Dash) Judge

(V. Narasingh) Judge

Order No.

02. 1. List this matter on 25.06.2024.

Issue urgent certified copy of this order on proper application.

                                                                                     (D. Dash)
                                                                                      Judge


Digitally Signed                                                                      Judge

Designation: Junior Stenographer PKS/Ayesha Reason: Authentication Location: High Court of Orissa Date: 03-Apr-2024 14:32:05