Tika @ Hrudananda Das vs State Of Odisha
2023 Latest Caselaw 356 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                   CRLA No.725 of 2017
            Tika @ Hrudananda Das                     ....             Appellant
                                                                Mr.M.R. Khatua
                                                                     Advocate
                                           -versus-

            State of Odisha                           ....            Respondent
                                                                Mr. S.K. Nayak,
                                                                          AGA
                    CORAM:
                    MR. JUSTICE D.DASH
                    Dr.JUSTICE S.K.PANIGRAHI
                                         ORDER

10.01.2023 Order No. I.A. No.58 of 2023

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

2. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Tika @ Hrudananda Das by the Trial Court while convicting him for the offence under sections 342/394/302/506-II/120-B of the Indian Penal Code and section 25(1-B)(a)/27(1) of the Arms Act and his release on bail pending disposal of this Appeal.

3. Heard.

4. 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 this Appellant in the said incident as it emerges from the evidence and the depositions of the witnesses examined from the side of the prosecution as well as the surrounding circumstances, at this stage, We are not inclined to

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direct for suspension of further execution of the sentence and grant bail to the Appellant pending disposal of this Appeal.

The I.A. is accordingly dismissed.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

Himansu