JAGA Vs. STATE OF ODISHA

JUDGEMENT

(1.) I.A. No. 1810 of 2022 : This matter is taken up through hybrid arrangement (virtual/physical) mode.

(2.) The Appellant by filing this application under Sec. 389 Cr.P.C. has prayed for suspension of further execution of sentence imposed upon him in connection with C.T. Spl. (POCSO) Case No.2 of 2021/43/2021 by judgment dtd. 6/8/2022 passed by the learned Ad-hoc Addl. Sessions Judge, First Track Special Court, Dhenkanal and his release on bail pending disposal of this appeal.

(3.) Learned counsel for the Appellant submits that the prosecution case is based on circumstantial evidence. She inviting our attention to the deposition of the witnesses, who have stated about those circumstances, submits that the said evidence is not believable. She further submits that the evidence with regard to the extra-judicial confession as has been tendered through P.W.1 appears to be highly improbable. In view of all the above, citing the period of detention of the Appellant in custody from 30/10/2020, she urges for suspension of further execution of sentence imposed upon the Appellant by the Trial Court and for his release on bail pending disposal of this Appeal.