Turu @ Arjun Naik vs State Of Orissa
2022 Latest Caselaw 7078 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          JCRLA No.108 of 2018


        Turu @ Arjun Naik                     ....          Appellant

                                                   Mr. S.K. Pal, Adv.

                                  -versus-

        State of Orissa                      ....         Respondent

                                         Ms. Samapika Mishra, ASC



                 CORAM:
                 MR. JUSTICE D. DASH
                 DR. JUSTICE S.K. PANIGRAHI

                                  ORDER

Order                            05.12.2022
No.                          I.A. No.98 of 2022

03. 1. This matter is taken up through hybrid arrangement

(virtual / physical) mode.

2. The Appellant by filing this application under section

389 of the Cr.P.C. has prayed for suspension of execution

of sentence imposed on him in Sessions Trial No.30 of

2015 of the court of the learned Additional Sessions Judge,

Rairangpur and his release on bail pending disposal of

this Appeal.

// 2 //

3. Heard learned Counsel for the Appellant and learned

Additional Standing Counsel for the State.

4. Considering the submissions made and on going

through the impugned judgment, further taking into

account the factum of suspension of execution of sentence

and grant of bail to the co-accused Sukura Naik vide

order dated 02.12.2019 passed in I.A. No.2086 of 2018

arising out of CRLA No.816 of 2018 when it is stated that

the present Appellant is similarly situated with him and

the Appellant is in custody for quite substantial period;

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.30 of 2015 by the learned Additional Sessions Judge,

Rairangpur shall remain suspended in releasing the

Appellant on bail pending disposal of this Appeal.

5. Accordingly, it is directed that the Appellant (Turu @

Arjun Naik) 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.

// 3 //

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

            .                                               (D. Dash)
                                                              Judge




                                                       (Dr. S.K. Panigrahi)
                                                               Judge

                        JCRLA No.108 of 2018

04. 1. List this matter in the week commencing 20th March,

2023.

2. Paper Book be prepared in the meantime.

3. Urgent certified copy of this order be granted on

proper application.

            .                                               (D. Dash)
                                                              Judge




                                                       (Dr. S.K. Panigrahi)
                                                               Judge


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