Antaryami Nayak vs State Of Odisha
2023 Latest Caselaw 1032 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.596 OF 2020

            Antaryami Nayak                         ....            Appellant

                                                    Mr.A.Tripathy, Advocate
                                        -versus-
            State of Odisha                       ....        Respondent
                                              Miss Samapika Mishra, ASC

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

                                        ORDER

31.01.2023

I.A. No.860 of 2021 Order No.

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

2. Heard.

3. There shall be stay realization of fine till disposal of this appeal.

4. The I.A. is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge ORDER 31.01.2023 Order No. I.A. No.1327 of 2022

07. 1. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant,

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namely, Antaryami Nayak by the Trial Court while convicting him for the offence under section 302 of IPC, and his release on bail pending disposal of this Appeal.

2. Heard.

3. Taking into account the submissions made and on going through the impugned judgment of conviction passed by the Trial Court; further keeping in view the role of this Appellant as it emanates from the evidence on record; We are inclined to direct that further execution of sentence imposed upon this Appellant in C.T.(s) Case No.11 of 2018 by the learned Sessions Judge, Angul shall remain suspended till disposal of this Appeal and the Appellant be released on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant, namely, Antaryami Nayak be released on bail 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.

The I.A. is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

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ORDER 31.01.2023

Order No. CRLA 596 of 2020

08. 1. List this matter in the week commencing 26th June, 2023.

2. Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge Gitanjali