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Judgment
12 paragraphs · 384 wordsI.A. No.353 of 2023
This matter is taken up through hybrid arrangement(Virtual/physical) mode.
This is an application under Section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Nabina Sa by the Trial Court while convicting him for the offence under Sections 302/201/34 of the Indian Penal Code by the learned Additional Sessions Judge, Sundargarh in S.T.No. 11/10 of 2020-21, pending disposal of this Appeal and for his release on bail.
Heard learned Counsel for the Appellant and learned Additional Standing Counsel for the Respondent.
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 when the death has taken place on account of manual strangulation which has not been attributed to the Appellant and it being also seen that the Appellant was all along on bail during trial when no such report has been placed that he had ever misused the liberty so granted; and after pronouncement of the judgment, the Appellant by now is in custody for more than three months and as the Appeal is not likely to be heard and disposed of early; we are inclined to direct suspension of further execution of sentence imposed upon appellant pending disposal of this appeal.
Accordingly, we direct that the appellant be released on bail in Sessions Trial No.11/10 of 2020-21 by the learned Additional Sessions Judge, Sundargarh pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further conditions that he shall not indulge himself in any criminal activity; shall appear Inspector In-charge Dharuadihi P.S. on the last Monday of every month in between 10.00 a.m. to 2.00 p.m.; and shall positively surrender before the Trial Court as and when so required.
The I.A. is accordingly disposed of.
CRLA No.169 of 2023
Registry is directed to ascertain as to whether another convict Sandhya Nag has filed an appeal challenging the conviction and sentence. If that is so, the said appeal be also tagged with the present one.
List this matter in the week commencing 25th September 2023.
Urgent certified copy of this order be granted on proper application.
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