Sudarshan Nayak vs State Of Odisha
2023 Latest Caselaw 910 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLA No.622 of 2017
            Sudarshan Nayak                       ....             Appellant
                                                                  Mr.Asok
                                                                  Mohanty,
                                                              Sr. Advocate
                                       -versus-

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

27.01.2023 Order No. Misc. Case No.1614 of 2017

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 Appellant, namely, Sudarshan Nayak by the Trial Court while convicting him for the offence under section 302 of the Indian Penal Code.

3. Heard Mr.A.Mohanty, learned Senior Counsel for the Appellant and Mr.S.K.Nayak, learned Additional Government Advocate for the Respondent.

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 entire incident as stated to by the witnesses examined from the side of the prosecution in the trial and other surrounding circumstances

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including the period of detention of the Appellant in custody when this Appeal is not likely to be disposed of so soon, We are inclined to direct suspension of execution of sentence imposed upon the Appellant and directs that Appellant (Sudarshan Nayak) be released on bail in C.T. No.55 of 2016 by the learned Additional Sessions Judge, Rayagada pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that he shall positively surrender before the Trial Court as and when so required.

The Misc. Case is accordingly disposed of.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge ORDER 27.01.2023 Order No. CRLA No.622 of 2017

15. 1. List this Appeal in the week commencing 15.04.2023 for hearing.

The Paper Book be prepared in the meantime. Issue urgent certified copy of this order on proper application.

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge Basu