Rajendra Lakra vs State Of Odisha

I.A. NO.1112 OF 2023

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

This is an application under Section 389 of the Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Rajendra Lakra by the learned Additional Sessions Judge, Sundargarh in Sessions Trial No.12/08 of 2016-17 while convicting him for the offences under Sections 332/ 333/ 302/ 307/ 201/ 148/ 149 of the I.P.C. read with Section 3 of the Prevention of Damage to Public Property Act, 1984 and his release on bail pending disposal of this Appeal.

Heard learned Counsel for the Appellant and learned Counsel for the State.

Taking into account the submissions made and on going through the impugned judgment, further taking into account the role said to have been played by this Appellant in the entire incident as well as the manner in which the incident is said to have been taken place and other surrounding circumstances including the fact that the Appellant was on bail during trial; when no such report is forthcoming that he has misutilized the liberty and in the meantime he is undergoing the sentence from the date of pronouncement of the judgment; we are inclined to direct that execution of sentence imposed upon this Appellant in Sessions Trial No.12/08 of 2016-17 by the learned Additional Sessions Judge, Sundargarh shall remain suspended in releasing the Appellant on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant (Rajendra Lakra) 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.

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

CRLA NO.505 OF 2023

List this Appeal for hearing in the week commencing 13th November, 2023.

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

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