Subrat Kumar Nayak vs State Of Odisha
2023 Latest Caselaw 1183 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.680 of 2022
        Subrat Kumar Nayak                  ....          Appellant
                                            Mr. M.R. Pradhan, Adv.
                                 -versus-
        State of Odisha                  ....          Respondent
                                        Ms. Samapika Mishra, ASC



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

Order                           03.02.2023
No.                        I.A. No.1297 of 2022

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

(virtual / physical) mode.

2. The Appellant (Subrat Kumar 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.35 of 2014 by the learned Additional

District and Sessions Judge, Kuchinda 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

// 2 //

keeping in view the factum of enjoyment of the Appellant

during the period of trial; We are inclined to direct that

further execution of sentence imposed upon this

Appellant in S.T. Case No.35 of 2014 by the learned

Additional District and Sessions Judge, Kuchinda shall

remain suspended in releasing the Appellant on bail

pending disposal of this Appeal.

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

Kumar 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





                                          // 3 //




             I.A. No.1298 of 2022
04.         1. Heard.

2. There shall be stay realization of fine pending disposal

of this Appeal.

3. The I.A. is, accordingly, disposed of.

       .                                                (D. Dash)
                                                          Judge




                                                   (Dr. S.K. Panigrahi)
                                                           Judge

             CRLA No.375 of 2014

05. 1. List this matter for hearing in the week commencing

24th April, 2023.

2. Urgent certified copy of this order be granted on

proper application.

       .                                                (D. Dash)
                                                          Judge




                                                   (Dr. S.K. Panigrahi)
                                                           Judge

B.Jhankar