Citation : 2023 Latest Caselaw 8700 Ori
Judgement Date : 7 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.550 of 2022
Ajaya Nayak .... Appellant
Mr. Gopal Krishna Nayak, Adv.
-versus-
State of Odisha .... Respondent
Mr. D.K. Mishra, AGA
CORAM:
MR. JUSTICE D. DASH
DR. JUSTICE S.K. PANIGRAHI
ORDER
Order 07.08.2023
No. I.A. No.1044 of 2022
06. 1. This matter is taken up through hybrid arrangement
(virtual / physical) mode.
2. The Appellant (Ajaya Nayak) 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.225 of 2015 by the learned Additional
Sessions Judge, Bhanjanagar 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. Considering the submissions made and on going
through the impugned judgment of conviction; further
keeping in view the fact that the Appellant is in custody
Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSSA, CUTTACK Date: 08-Aug-2023 10:32:12 // 2 //
since 17.04.2015; 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 in S.T. Case No.225 of 2015 by the learned
Additional Sessions Judge, Bhanjanagar shall remain
suspended in releasing the Appellant on bail pending
disposal of this Appeal.
5. Accordingly, it is directed that the Appellant (Ajaya
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
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSSA, CUTTACK Date: 08-Aug-2023 10:32:12 // 3 //
CRLA No.550 of 2022
07. 1. List this matter for hearing in the week commencing
13th November, 2023.
2. Urgent certified copy of this order be granted on
proper application.
. (D. Dash)
Judge
(Dr. S.K. Panigrahi)
Judge
B.Jhankar
Signature Not Verified
Digitally Signed
Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSSA, CUTTACK Date: 08-Aug-2023 10:32:12
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