Motilal Chhatria vs State Of Odisha
2023 Latest Caselaw 8704 Ori

                                               IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                         CRLA No.431 of 2022
                                          Motilal Chhatria                    ....          Appellant
                                                                           Mr. Sapan Kumar Pal, Adv.
                                                                    -versus-
                                          State of Odisha                    ....         Respondent
                                                                              Mr. P.C. Mohanty, ASC

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

                    Order                                          07.08.2023
                    No.                                       I.A. No.1574 of 2023

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

(virtual / physical) mode.

2. The Appellant (Motilal Chhatria) 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.18 of 2019 by the learned Sessions

Judge, Nuapada and his release on bail pending disposal

of this Appeal.

3. Heard learned Counsel for the Appellant 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 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 07.03.2019; 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.18 of 2019 by the learned

Sessions Judge, Nuapada shall remain suspended in

releasing the Appellant on bail pending disposal of this

Appeal.

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

Chhatria) 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.431 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