Bhagaban Naik & Another vs State Of Odisha
2022 Latest Caselaw 7377 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  CRLA No.43 of 2018
            Bhagaban Naik & Another                  ....          Appellants
                                                           Mr.R.N.Mohanty,
                                                           Advocate
                                         -versus-

            State of Odisha                          ....          Respondent
                                                             Mr. S.K. Nayak,
                                                                       AGA
                      CORAM:
                      MR. JUSTICE D.DASH
                      MR.JUSTICE G. SATAPATHY

                                       ORDER

14.12.2022 Misc. Case No.120 of 2018 Order No.

05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard.

3. There shall be stay realization of fine till disposal of this appeal.

4. The Misc. Case is disposed of accordingly.

(D. Dash), Judge

(G. Satapathy) Judge ORDER 14.12.2022 Order No. Misc. Case No.119 of 2018

06. 1. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellants, namely, Bhagaban Naik and Chensingh Majhi by the Trial Court

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while convicting them for the offence under sections 341/307/302 of the Indian Penal Code and their release on bail pending disposal of this Appeal.

2. Heard.

3. Taking into account the submissions made and on going through the impugned judgment of conviction passed by the Trial Court as well as the depositions of the prosecution witnesses especially P.W.9 and 10, who are injured eye witnesses; further keeping in view the nature of injuries sustained by the deceased leading to his death; we are not inclined to direct for suspension of further execution of the sentence and grant bail to the Appellants pending disposal of this Appeal.

However, considering the fact that the Appellants are in custody for more than 9 Years when the Appeal is not likely to be heard and disposed of early; we direct that the Appellants (Bhagaban Naik & Chensingh Majhi) be released on interim bail for a period of three months from the date of their actual release from custody by the learned Sessions Judge, Nuapada in S.T. No.13 of 2014 on such terms and conditions as deemed just and proper by the Trial Court with further conditions that the Appellants shall not indulge themselves in any criminal activity during the period of interim bail; and shall positively surrender before the Trial Court as would be so directed by the said Court on expiry of period of interim bail.

The Misc. Case is accordingly disposed of.

(D. Dash), Judge

(G. Satapathy) Judge

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ORDER 14.12.2022 Order No. CRLA No.43 of 2018

07. 1. List this Appeal along with CRLA No.694 of 2017 for hearing in the week commencing 13th March, 2023.

In the meantime, the Paper Book be prepared. Issue urgent certified copy of this order on proper application.

(D. Dash), Judge.

(G. Satapathy), Judge

Himansu