Manas Ranjan Nahak vs State Of Odisha
2023 Latest Caselaw 3038 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.508 of 2017


        Manas Ranjan Nahak                      ....             Appellant
                                                         Mr.S.S. Pattnaik
                                                               Advocate
                                     -versus-
        State of Odisha                         ....            Respondent
                                                         Mr.S.S.Kanungo,
                                                                   AGA
                CORAM:
                MR. JUSTICE D.DASH
                DR JUSTICE S.K. PANIGRAHI

                                     ORDER

Order                               10.04.2023
No.                         Misc. Case No.1327 of 2017


  21.   1.      This matter is taken up through hybrid arrangement
        (virtual/physical) mode.

2. Learned counsel for the Appellant does not want to press this application.

In view of the above, the misc. case stands dismissed as not pressed.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge ORDER Order 10.04.2023 No. I.A. No.2312 of 2022

22. 1. This application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Manas Ranjan Nahak by the Trial Court while convicting him for

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the offence under section 302 of the IPC and his release on bail pending disposal of this Appeal.

3. Heard Mr.Pattnaik, learned counsel for the Appellant and Mr.Kanungo, learned Additional Government for the Respondent.

4. Taking into account the submissions made and on going through the judgment passed by the Trial Court; further keeping in view the role said to have been played by the Appellant in the entire incident as stated to by the witnesses examined from the side of the prosecution in the trial which are impeached on several grounds and other surrounding circumstances especially the period of detention of the Appellant in custody and that the Appellant being on parole has surrendered in time without misutilizing the liberty; we are inclined to direct suspension of further execution of sentence imposed upon the Appellant and directs that he (Manas Ranjan Nahak) be released on bail in Sessions Trial No.94 of 2014 by the learned Additional Sessions Judge, Chatrapur (Ganjam) pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that he shall positively surrender before the Trial Court as and when so required.

The I.A is accordingly disposed of.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge

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ORDER 10.04.2023 Order CRLA No.508 of 2017 No.

23. 1. List this Appeal for hearing in the week commencing 24.07.2023 Issue urgent certified copy of this order on proper application.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge

Basu