Chaitan Nag @ Harijan vs State Of Odisha

I.A. No.35 of 2022

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

The Appellant (Chaitan Nag @ Harijan) by filing this application under Section 389 of the Cr.P.C. has prayed for suspension of execution of sentence imposed upon him in C.T. Case No.220/2015 (T) by the learned Additional District and Sessions Judge, Umerkote and his release on bail pending disposal of this Appeal.

Heard learned Counsel for the Appellant and learned Additional Government Advocate for the State.

Considering the submissions made and on going through the impugned judgment; further taking into account the fact that the prosecution case is based on circumstantial evidence which is mainly coming from the lips of P.W.1 which is being impeached on the ground that he has first time developed the story during the trial; and also the fact that the hearing of the appeal is not likely to be taken up soon, we are inclined to direct that further execution of sentence imposed upon this Appellant in C.T. Case No.220/2015 (T) by the learned Additional District and Sessions Judge, Umerkote shall remain suspended in releasing the Appellant on bail pending disposal of the Appeal.

Accordingly, it is directed that the Appellant (Chaitan Nag @ Harijan) be released on bail in the aforesaid 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 positively surrender before the Trial Court as and when so required. 6. The I.A. is, accordingly, disposed of.

CRLA No.25 of 2022

List this matter for hearing in the week commencing 26th June, 2023.

Urgent certified copy of this order be granted on proper application.

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