Tapan Pradhan vs State Of Odisha

I.A. Nos.81 and 125 of 2022

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

The Appellant (Tapan Pradhan) by filing both the applications under Section 389 of the Cr.P.C. has prayed for suspension of execution of sentence imposed upon him in Sessions Trial No.20 of 2015 by the learned Sessions Judge, Ganjam, Berhampur 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; and also the surrounding circumstances including the factum of detention of the Appellant in custody since last eight years when 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 Sessions Trial No.20 of 2015 by the learned Sessions Judge, Ganjam, Berhampur shall remain suspended in releasing the Appellant on bail pending disposal of the Appeal.

Accordingly, it is directed that the Appellant (Tapan Pradhan) 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.

Both the I.As. are, accordingly, disposed of.

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