Chaitan Nag @ Harijan vs State Of Odisha
2023 Latest Caselaw 1043 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLA No.25 of 2022
        Chaitan Nag @ Harijan                ....           Appellant
                                            Mr. Niranjan Panda, Adv.
                                 -versus-
        State of Odisha                  ....          Respondent
                                        Ms. Samapika Mishra, ASC

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


                                ORDER

Order                          31.01.2023
No.                        I.A. No.35 of 2022

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

(virtual / physical) mode.

2. The Appellant (Chaitan Nag @ Harijan) by filing this

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

for suspension of execution of sentence imposed upon

him in C.T. Case No.220/2015 (T) by the learned

Additional District and Sessions Judge, Umerkote 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.

4. Considering the submissions made and on going

through the impugned judgment; further taking into

account the fact that the prosecution case is based on

// 2 //

circumstantial evidence which is mainly coming from the

lips of P.W.1 which is being impeached on the ground

that he has first time developed the story during the trial;

and also the fact that the hearing of the appeal is not

likely to be taken up soon, we are inclined to direct that

further execution of sentence imposed upon this

Appellant in C.T. Case No.220/2015 (T) by the learned

Additional District and Sessions Judge, Umerkote shall

remain suspended in releasing the Appellant on bail

pending disposal of the Appeal.

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

Nag @ Harijan) 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 //




             CRLA No.25 of 2022

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

26th June, 2023.

2. Urgent certified copy of this order be granted on

proper application.

       .                                           (D. Dash)
                                                     Judge




                                               (Dr. S.K. Panigrahi)
                                                       Judge


B.Jhankar