Surendra Jani & Ors vs State Of Odisha

I.A. No.2044 of 2022

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

The Appellant No.3 (Rushinath Jani @ Rushi) by filing this application under Section 389 of the Cr.P.C. has prayed for suspension of execution of sentence imposed upon him in S.T. Case No.69 of 2016 by the learned Additional Sessions Judge-Cum- Special Judge, Paralakhemundi and his release on bail pending disposal of this Appeal.

Heard learned Counsel for the Appellants, learned Counsel for the Informant and learned Additional Government Advocate for the State.

Considering the submissions made and on going through the impugned judgment of conviction and; further keeping in view the factum of grant of bail to this Appellant No.3 during the trial; when he has remained in custody further after pronouncement of the judgment of conviction; and further viewing the other surrounding circumstances and the fact that the Appeal is not likely to be heard and disposed of early, We are inclined to direct that further execution of sentence imposed upon this Appellant No.3 (Rushinath Jani @ Rushi) in S.T. Case No.69 of 2016 by the learned Additional Sessions Judge-Cum- Special Judge, Paralakhemundi shall remain suspended in releasing the Appellant No.3 on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant No.3 (Rushinath Jani @ Rushi) 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 No.3 shall positively surrender before the Trial Court as and when so required.

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

CRLA No.270 of 2021

1. List this matter for hearing in the week commencing 15th May, 2023.

Urgent certified copy of this order be granted on proper application. No.   I.A. No.2044 of 2022

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