Keshab Naik vs State Of Odisha
2022 Latest Caselaw 7209 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.105 of 2022
        Keshab Naik                         ....          Appellant
                                    Mr. Prasanta Kumar Sahoo, Adv.
                                  -versus-
        State of Odisha                    ....         Respondent
                                         Ms. Samapika Mishra, ASC



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

Order                            08.12.2022
No.                         I.A. No.434 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 C.T.(Ss.) Case No.132 of

2017 by the learned Sessions Judge, Dhenkanal and his

release on bail pending disposal of this Appeal.

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 role said to have been played by this

// 2 //

Appellant in the incident as it reveals from the deposition

of the witnesses; when we find that the Appellant was on

bail during trial and now is in custody since 25.04.2019;

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 C.T.(Ss.) Case

No.132 of 2017 by the learned Sessions Judge, Dhenkanal

shall remain suspended in releasing the Appellant on bail

pending disposal of this Appeal.

5. Accordingly, it is directed that the Appellant (Keshab

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.

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

.                                               (D. Dash)
                                                  Judge




                                           (Dr. S.K. Panigrahi)
                                                   Judge



                                              // 3 //




                       I.A. No.178 of 2022
     04.        1. Heard.

2. There shall be stay realization of fine imposed upon the

Appellant till disposal of the Appeal.

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

            .                                                (D. Dash)
                                                               Judge




                                                         (Dr. S.K. Panigrahi)
                                                                 Judge
                       CRLA No.105 of 2022

05. 1. List this matter in the week commencing 10th April,

2023.

2. Urgent certified copy of this order be granted on

proper application.

            .                                                (D. Dash)
                                                               Judge




                                                         (Dr. S.K. Panigrahi)
                                                                 Judge

B.Jhankar