Anam @ Satya Prakash Jena vs State Of Odisha
2023 Latest Caselaw 8396 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.165 of 2023

            Anam @ Satya Prakash Jena                ....               Appellant
                                                              Mr.S.C.Mohapatra,
                                                                   Sr. Advocate
                                          -versus-

            State of Odisha                          ....             Respondent
                                                           Mr.D.K.Mishra, AGA
                                                           Mr.Maitrijit Mohanty,
                                                             Adv. for informant

                    CORAM:
                    MR. JUSTICE D.DASH
                    Dr. JUSTICE S.K. PANIGRAHI

                                        ORDER

01.08.2023

Order No. CRLA No.165 of 2023

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

2. Mr.S.C.Mohapatra, learned Senior Advocate has entered appearance in Court today on behalf of the Appellant by filing Memorandum of Appearance, which is taken on record.

His name be indicated in the cause list as also the brief.

3. In course of hearing, it came to our notice that another accused person, namely, Banku @ Abhijit Singha has also been convicted in the same trial. Therefore, the Registry is directed to ascertain as to if that convict has also preferred any Appeal and if that is so, the records of that Appeal be tagged to this Appeal.

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4. List this Appeal in the week commencing 18.09.2023 along with CRLA No.1168 of 2022 and CRLA Nos.1 & 134 of 2023.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge I.A. No.340 of 2023

06. 1. The Appellant, namely, Anam @ Satya Prakash Jena, has filed the application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon him by the Trial Court while convicting him for the offence under section 302/307/34 of IPC and his release on bail pending disposal of this Appeal.

2. Heard.

3. Taking into account the submissions made and on going through the impugned judgment passed by the Trial Court; further keeping in view the evidence on record with regard to the role of this Appellant as also the manner in which the incident is said to have been committed, at this stage, we are not inclined to accept the prayer, as advanced in this Application.

4. The I.A. is accordingly dismissed.

(D. Dash), Judge

Signature Not Verified Digitally Signed Signed by: BASUDEV NAYAK Designation: A.R.-CUM-SR.SECRETARY Reason: Authentication Location: OHC (Dr. S.K.Panigrahi) Date: 03-Aug-2023 11:33:21 Judge Basu