Birabara Panda And Others vs State Of Odisha
2024 Latest Caselaw 395 Ori

Orissa High Court

Birabara Panda And Others vs State Of Odisha on 8 January, 2024

Bench: D.Dash, G.Satapathy

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.624 of 2021
            Birabara Panda and others    ....                      Appellants
                                                              Mr. D. Nayak,
                                                               Sr. Advocate
                                        -versus-

            State of Odisha                    ....              Respondent
                                                          Mrs. S. Pattanaik,
                                                                       AGA
                    CORAM:
                    MR. JUSTICE D.DASH
                    MR. JUSTICE G.SATAPATHY
                                      ORDER

08.01.2024 Order No. I.A. No.2177 of 2023

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

2. The Appellant No.3, namely, Chakradhar Panda 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. (Sessions) Case No.185 of 2019, by the learned Sessions Judge, Jajpur and his release on bail pending disposal of the appeal.

3. Heard learned counsel for the Appellant No.3 and learned counsel for the State. Learned counsel for the State vehemently opposes the bail of the Appellant No.3.

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 the Appellant No.3 in the entire incident as those emanate from the evidence tendered through the witnesses examined from the side of the prosecution in the trial which are impeached on various grounds and other surrounding circumstances including the period of detention of the Appellant No.3 in custody, it is directed that the Appellant No.3, namely,

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Chakradhar Panda 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 the Appellant shall surrender before the trial Court as and when so required.

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

(D. Dash) Judge

(G. Satapathy) Judge ORDER 08.01.2024

07. 1. List this matter in the week commencing 18.03.2024.

(D. Dash) Judge

(G. Satapathy) Judge

Kishore/Subhasmita

Location: High Court of Orissa