Lakhidhar Naik vs State Of Odisha
2023 Latest Caselaw 1576 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.484 of 2022
            Lakhidhar Naik                         ....           Appellant
                                                            Mr.H.K. Mund
                                                                Advocate
                                       -versus-
            State of Odisha                        ....          Respondent
                                                            Mr.S.K. Nayak,
                                                                     AGA
                    CORAM:
                    MR. JUSTICE D.DASH
                    DR JUSTICE S.K. PANIGRAHI
                                   ORDER

20.02.2023 Order No. I.A. No.931 of 2022

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

2. This application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Lakhidhar Naik by the Trial Court while convicting him for the offence under section 302 of the Indian Penal Code and his release on bail pending disposal of this Appeal.

4. Heard Mr.Mund, learned counsel for the Appellant and Mr.S.K.Nayak, learned Additional Government Advocate for the Respondent.

5. Taking into account the submissions made and on going through the judgment passed by the Trial Court; further keeping in view the role said to have been played by the Appellant in the entire incident as stated to by the witnesses examined from the side of the prosecution in the trial which are impeached on several grounds and other surrounding circumstances especially the period of detention of the Appellant in custody for more than seven years; We are inclined to direct suspension of further execution of sentence imposed upon the Appellant and directs that he (Lakhidhar naik) be

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released on bail in C.T. No.06 of 2016 (Special Act) by the learned Sessions Judge-cum-Special Judge, Kalahandi, Bhawanipatna pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further conditions that he shall not indulge himself in any criminal activity; shall appear before the Inspector-in-Charge of Bhawanipatna Sadar P.S. on the last Monday of every month in between 10.00 a.m to 2.00 pm; and shall positively surrender before the Trial Court as and when so required.

The I.A is accordingly disposed of.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge

ORDER 20.02.2023 Order No. CRLA No.484 of 2022

07. 1. List this matter for hearing in the week commencing 03.07.2023.

Issue urgent certified copy of this order on proper application.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge Basu