Damadar Nayak vs State Of Odisha
2022 Latest Caselaw 6761 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLA No.344 of 2022
        Damadar Nayak                        ....          Appellant
                                     Mr. Tukuna Kumar Mishra, Adv.
                                   -versus-
        State of Odisha.                    ....          Respondent
                                             Mr. S.S. Kanungo, AGA

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

Order                           21.11.2022
No.                        I.A. No.691 of 2022

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

(virtual / physical) mode.

2. This is an application under section 389 of the Cr.P.C.

for suspension of execution of sentence imposed upon the

Appellant, namely, Damadar Nayak by the Trial Court

while convicting him for the offence under Section 302/34

of the Indian Penal Code and his release on bail pending

disposal of this Appeal.

3. Heard learned Counsel for the Appellant and learned

Additional Government Advocate for the State.

4. Taking into account the submissions made and going

through the depositions of the witnesses examined from

the side of the prosecution; especially as to the role of this

// 2 //

Appellant in the incident and also other surrounding

circumstances including the period of detention of the

appellant in custody and his age and as the disposal of the

Appeal is not likely to take place so soon; We are inclined

to direct that the execution of sentence imposed upon this

Appellant in C.T. Case No.37 of 2019 vide judgment of

conviction and order of sentence dated 06.04.2022 by the

learned Sessions Judge, Nabarangpur shall remain

suspended till disposal of this Appeal.

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

Nayak) 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 //




                        CRLA No.344 of 2022

06. 1. List this matter in the 3rd week of April, 2023.

2. Urgent certified copy of this order be granted on

proper application.

            .                                               (D. Dash)
                                                              Judge




                                                       (Dr. S.K. Panigrahi)
                                                               Judge


B.Jhankar