Gobara @ Gobardhan Jena vs State Of Odisha
2024 Latest Caselaw 16679 Ori

Orissa High Court

Gobara @ Gobardhan Jena vs State Of Odisha on 14 November, 2024

Bench: K.R. Mohapatra, V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLA No.778 of 2022

             1. Gobara @ Gobardhan Jena
                @ Dinabandhu
             2. Kunia @ Sampada Jena           ....                  Appellants
                                                        Mr. B.S. Das, Advocate

                                         -versus-

             State of Odisha                   ....                 Respondent

                                                          Mr. R.B. Dash, ASC

                               CORAM:
                               Mr. JUSTICE K.R. MOHAPATRA
                               Mr. JUSTICE V. NARASINGH
                                       ORDER

14.11.2024 I.A. No.346 of 2023 Order No. 04 1. This matter is taken up through hybrid mode.

2. This is an application under Section 389 of Cr.P.C. for suspension of execution of sentence imposed on the Appellants- Petitioners, namely, Gobara @ Gobardhan Jena @ Dinabandhu and Kunia @ Sampada Jena by the learned Trial Court while convicting them for the offence under Sections 147/148/302/149 IPC and their release on bail pending disposal of this Appeal.

3. Heard learned counsel for the Appellants-Petitioners and learned Addl. Standing Counsel.

4. This Court perused the judgment of the learned Trial Court and the evidence on record more particularly that of P.Ws.1,4 and 9 as well as the I.O (P.W.16).

5. It is seen that the co-convicts with accusation similar in nature with the present Appellants, have been released on bail by this Court pending disposal of the connected appeal in CRLA No.969 of 2022 (Mandar Jena and Prakash Jena) by order dated 19.01.2023. By order dated 15.11.2022 in CRLA No.622 of 2022 the co-convicts Narayan Behera and Chakradhar Jena have also been released.

6. Learned counsel for the Appellants-Petitioners submits that in view of release of the co-convicts as per the order referred to hereinabove, the Appellants-Petitioners may be released on bail, inter alia, on the ground of parity.

7. Learned counsel for the State opposes such prayer. It is submitted by the learned counsel for the State that the bail application of the present Appellants was dismissed as not pressed by order dated 20.09.2022 in I.A. No.1477 of 2022. Hence, the same ought not to be entertained at this stage.

8. On examination of the evidence on record, this Court finds force in the submission of the learned counsel for the Appellants-Petitioners for release on the ground of parity.

9. Considering the nature of evidence qua the Appellants- Petitioners, chance of early hearing of the Appeal being bleak and release of the co-accused as noted, this Court is inclined to

direct suspension of further execution of sentence of the Appellants-Petitioners.

10. Accordingly, it is directed that the Appellants-Petitioners be released on bail on such terms and conditions as deemed just and proper by the learned Sessions Judge, Jajpur in C.T. (Sessions) Case No.50 of 2014 pending disposal of this Appeal with further condition that Appellants-Petitioners shall surrender as and when so directed.

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

(K.R. Mohapatra) Judge

(V. Narasingh) Judge

Order No.

05. 1. List this matter along with CRLA Nos.622 of 2022, 676 of 2022, 677 of 2022 and 969 of 2022 on 27.03.2025 for hearing.

(K.R. Mohapatra) Judge

(V. Narasingh) Judge PKS

Signed by: PRADEEP KUMAR SWAIN

Location: Orissa High Court, Cuttack Date: 14-Nov-2024 21:03:16