Shyamghana Sahoo; And vs State Of Odisha
2024 Latest Caselaw 12939 Ori

Orissa High Court

Shyamghana Sahoo; And vs State Of Odisha on 8 August, 2024

Bench: D. Dash, S.K. Panigrahi

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.164 of 2018
        1. Shyamghana Sahoo; and ....                   Appellants
        2. Sania @ Sanyasi Sahoo
                                                  Represented by
                                               Mr.S.C. Mohapatra,
                                                 Senior Advocate
                                   -versus-

        State of Odisha                ....             Respondent

                                              Mr.S.K. Nayak, AGA
                                   Mr.A.Mishra, Adv for Informant
                                CORAM:
                       MR. JUSTICE D. DASH
                    DR. JUSTICE S.K. PANIGRAHI
                                 ORDER

Order                           08.08.2024
No.                       I.A. No.944 of 2021
  12.   1.      This matter is taken up through hybrid arrangement

        (virtual/physical) mode.

2. Accepting the submission of the learned counsel for

the Appellants, this application is allowed to be withdrawn

and is disposed of as such.

(D. Dash), Judge.

(Dr.S.K.Panigrahi), Judge.

                                  ORDER
Order                           08.08.2024
No.


  13.   1.     This application under section 389 Cr.P.C. has been

filed for suspension of execution of sentence imposed upon

Appellant No.1, namely, Shyamghana Sahoo by the Trial

Court while convicting him for the offence under section 302

of the Indian Penal Code by the learned Additional Sessions

Judge, Nayagarh in S.T. No.33/201 of 2014, pending disposal

of this Appeal and for his release on bail.

2. Heard Mr.S.C.Mohapatra, learned Senior Counsel for

the Appellant No.1, Mr.S.K.Nayak, learned Additional

Government Advocate for the Respondent-State and

Mr.A.Mishra, learned counsel for the Informant.

3. Taking into account the submissions made and on

going through the judgment passed by the Trial Court as

well as the earlier orders dated 15.10.2020 & 29.11.2022;

further keeping in view the role of this Appellant, as has

been stated by P.Ws.5 & 6, we are not inclined to accept the

prayer of the Appellant as advanced in the application.

However, taking into account the period of detention of

Appellant No.1 and the fact that no male member is there in

the family to take care of his old ailing parents, we feel

inclined to grant interim bail to Appellant No.1, namely,

Shyamghana Sahoo for a period of ten (ten) weeks from the

date of his actual release from custody on such terms and

conditions as deemed just and proper by the Trial Court with

further conditions that he 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.

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

(D. Dash), Judge.

(Dr.S.K.Panigrahi), Judge.

ORDER 08.08.2024

Order No.

14. 1. List this Appeal along with CRLA No.321 of 2018 for

hearing on 14.11.2024.

Issue urgent certified copy of this order.

(D. Dash), Judge.

Signed by: BASUDEV NAYAK Judge.

Location: HIGH COURT OF ORISSA : CUTTACK Date: 14-Aug-2024 17:47:13

Basu