Banchha @ Banchhanidhi Naik vs State Of Orissa
2023 Latest Caselaw 1864 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLA No.31 of 2015
        Banchha @ Banchhanidhi Naik            ....         Appellant
                                                Mr. K. Mohanty, Adv.
                                                          on behalf of
                                               Mr. D.P. Dhal, Sr. Adv.
                                   -versus-
        State of Orissa                       ....           Respondent
                                              Mr. S. S. Kanungo, AGA



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

Order                            28.02.2023
No.                       Misc. Case No.75 of 2015

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

(virtual / physical) mode.

2. The Appellant (Banchha @ Banchhanidhi Naik) by filing

this application under Section 389 of the Cr.P.C. has

prayed for suspension of execution of sentence imposed

upon him in Sessions Trial No.63 of 2011 by the learned

Sessions Judge, Boudh 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.

// 2 //

4. Considering the submissions made and on going

through the impugned judgment of conviction; further

keeping in view his period of detention in custody since

25.06.2011; We are inclined to direct that further execution

of sentence imposed upon this Appellant in Sessions Trial

No.63 of 2011 by the learned Sessions Judge, Boudh shall

remain suspended in releasing the Appellant on bail

pending disposal of this Appeal.

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

@ Banchhanidhi Naik) 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 Misc. Case is, accordingly, disposed of.

.                                              (D. Dash)
                                                 Judge




                                          (Dr. S.K. Panigrahi)
                                                  Judge



                                        // 3 //




             CRLA No.31 of 2015

12. 1. List this matter for hearing in the week commencing 3rd

July, 2023.

2. Urgent certified copy of this order be granted on

proper application.

       .                                             (D. Dash)
                                                       Judge




                                                 (Dr. S.K. Panigrahi)
                                                         Judge

B.Jhankar