Orissa High Court
Hemanta Kumar Swain & Another vs State Of Odisha on 28 August, 2023
Bench: D.Dash, S.K.Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA NO.767 OF 2023
Hemanta Kumar Swain & Another .... Appellants
Mr.S.S. Ray (2), Advocate
-versus-
State of Odisha .... Respondent
Mr. D.K. Mishra, AGA.
CORAM:
MR. JUSTICE D.DASH
DR.JUSTICE S.K.PANIGRAHI
ORDER
28.08.2023 Order No. I.A. NOS.1631 OF 2023 & 1636 OF 2023
03. 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, namely, Hemanta Kumar Swain @ Hemanta Swain and Kalia Pradhan by the Trial Court while convicting them for the offence under section 302/34 of the Indian Penal Code by the learned Additional Sessions Judge, Aska in S.T. Case No.91 of 2014, pending disposal of this Appeal.
3. Heard learned Counsel for the Appellants and learned Additional Government Advocate.
4. Taking into account the submissions made and on going through the materials on record and further keeping in view the surrounding circumstances including the long period of detention of these Appellants and the grounds which the evidence relied upon by the Trial Court are impeached as not safe to be accepted; we are inclined to direct that the further execution of sentence imposed upon these Appellants- Hemanta Kumar Swain @ Hemanta Swain and Kalia Pradhan) in S.T. No.91 of 2014 by the learned Additional Page 1 of 2 // 2 // Sessions Judge, Aska shall remain suspended till disposal of this Appeal.
Accordingly, it is directed that these Appellants- Hemanta Kumar Swain @ Hemanta Swain and Kalia Pradhan be released on bail pending this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that they shall positively surrender before the Trial Court as and when required, shall appear before the Inspector-in-Charge of Dharakote Police Station every Monday in between 10 am to 2 pm; and shall not indulge themselves in any criminal activity. We are hereby grant leave to the prosecution to move this Court for cancellation of bail on violation of any of the condition(s).
The I.As. are accordingly disposed of.
(D. Dash), Judge.
(Dr. S.K.Panigrahi) Judge.
ORDER
28.08.2023
Order No. CRLA NO.767 OF 2023
04. 1. The Appeal be listed for hearing in the week commencing
22nd January, 2024.
Issue urgent certified copy as per rules.
(D. Dash), Judge.
Signature Not Verified Digitally Signed Signed by: NARAYAN HODesignation: Peresonal Assistant Reason: Authentication Location: OHC Date: 30-Aug-2023 18:23:09 (Dr. S.K.Panigrahi), Judge Narayan Page 2 of 2