Bidyutlata Nanda & Anr vs State Of Odisha
2023 Latest Caselaw 3042 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLA No.256 of 2022
        Bidyutlata Nanda & Anr.             ....         Appellants
                                       Mr. Devashis Panda, Sr. Adv.
                                  -versus-
        State of Odisha                    ....          Respondent
                                              Mr. S. Kanungo, ASC



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

Order                           10.04.2023
No.                        I.A. No.2372 of 2022

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

(virtual / physical) mode.

2. The Appellant No.2 (Alekh Bihari Nanda @ Alu) by

filing this application under Section 389 of the Cr.P.C. has

prayed for suspension of execution of sentence imposed

upon him in S.T. Case No.46 of 2018 by the learned

Additional Sessions Judge, Athagarh and his release on

bail pending disposal of this Appeal.

3. Heard learned Counsel for the Appellants and learned

Additional Standing Counsel for the State.

4. Considering the submissions made and on going

through the impugned judgment of conviction; further

keeping in view the factum of grant of bail to the

// 2 //

Appellant No.2 during trial which has not been misused;

since the hearing of the appeal is not likely to take place

soon; We are inclined to direct that further execution of

sentence imposed upon this Appellant No.2 in S.T. Case

No.46 of 2018 by the learned Additional Sessions Judge,

Athagarh shall remain suspended in releasing the

Appellant No.2 on bail pending disposal of this Appeal.

5. Accordingly, it is directed that the Appellant No.2

(Alekh Bihari Nanda @ Alu) 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 No.2

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.256 of 2022

09. 1. List this matter for hearing after four weeks.

2. Urgent certified copy of this order be granted on

proper application.

       .                                                (D. Dash)
                                                          Judge




                                                   (Dr. S.K. Panigrahi)
                                                           Judge

B.Jhankar