Biku @ Sunil Kumar Prusty @ vs State Of Odisha
2023 Latest Caselaw 357 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                               CRLA No.332 of 2017
            Biku @ Sunil Kumar Prusty @            ....            Appellant
            Sunil Prusty                                    Mr.K.P. Mishra
                                                               Sr.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.1976 of 2022

14. 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, Biku @ Sunil Prusty 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

ORDER 10.01.2023 Order No. CRLA No.332 of 2017

15. 1. List this Appeal along with CRLA Nos.245, 252, 331 & 725 of 2017 in the week commencing 13th March, 2023.

(D. Dash), Judge.

(Dr. S.K.Panigrahi) Judge

Himansu