Orissa High Court

Saroj Sandha vs State Of Odisha on 2 May, 2024

Author: D.Dash

Bench: D.Dash

             IN THE HIGH COURT OF ORISSA AT CUTTACK
                         CRLA No.338 of 2024
       Saroj Sandha                .....                 Appellant
                                             Represented By Adv.
                                             - Bibhuti Ranjan
                                             Mohanty

                                     -versus-
       State Of Odisha                     .....               Respondent
                                                     Represented By Adv.
                                                     - S. K. Nayak, AGA

                              CORAM:
                   THE HON'BLE MR. JUSTICE D.DASH

                                    ORDER

02.05.2024 Order No.

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

2. Heard.

3. Admit.

3. Call for the digitized copy of the Trial Court Record.

4. List this matter in the week commencing 23rd September, 2024.




                                                             (D. Dash)
                                                              Judge
                                       ORDER
Order                                 02.05.2024


 02.       1.      Heard.

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

3. The I.A is accordingly disposed of.




                                                            (D. Dash)
                                                             Judge
                                   ORDER
Order                             02.05.2024



  03.   1.     The Appellant, by filing this application, under section

389 of the Cr.P.C. has prayed for suspension of further execution of sentence imposed upon him for commission of offence under section 363/366/376(2)(n) of the IPC read with section 6 of the POCSO Act and for his release on bail pending disposal of this Appeal.

2. Heard learned counsel for the Appellant and learned Additional Government Advocate.

3. Taking into account the submissions made and on going through the impugned judgment as also the deposition of the witnesses, more particularly that of the Victim (P.W.1) and further keeping in view the manner in which the incident is said to have been taken place as those emanate from the evidence when the Appellant was on bail during trial and it is stated that he has not misused the liberty; it is directed that further execution of sentence imposed upon the Appellant in C.T No.46 of 2017 by the learned Adhoc Additional District & Sessions Judge (Fast Track Special Court), Kandhamal,

Phulbani shall remain suspended and the Appellant be released on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant, namely, Saroj Sandha 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 he shall positively surrender before the Trial Court as and when so required.

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

Issue urgent certified copy as per rules.

(D.Dash) Judge

Gitanjali

Designation: Junior Stenographer