Narottam Tahani & Anr vs State Of Odisha
2023 Latest Caselaw 4769 Ori

          IN THE HIGH COURT OF ORISSA AT CUTTACK
                    CRLA No.295 of 2023
        Narottam Tahani & Anr.           ....         Appellants
                           Mr. Gyanendra Chandra Swain, Adv.
                               -versus-
        State of Odisha.                ....          Respondent
                                           Mr. S.K. Nayak, AGA



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

Order                          01.05.2023
No.                       I.A. No.643 of 2023

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

(virtual / physical) mode.

2. The Appellants (Narottam Tahani and Debarchan

Tahani) by filing this application under Section 389 of the

Cr.P.C. have prayed for suspension of execution of

sentence imposed upon them in S.T. Case No.76 of 2014

by the learned Sessions Judge, Nuapada and their release

on bail pending disposal of this Appeal.

3. Heard learned Counsel for the Appellants and learned

Additional Government Advocate for the State.

4. Considering the submissions made and on going

through the impugned judgment of conviction; and also

// 2 //

taking into account the fact that the Appellants were on

bail during trial and they never misutilized the liberty

granted to them when 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

Appellants in S.T. Case No.76 of 2014 by the learned

Sessions Judge, Nuapada shall remain suspended in

releasing the Appellants on bail pending disposal of this

Appeal.

5. Accordingly, it is directed that the Appellants

(Narottam Tahani and Debarchan Tahani) 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

Appellants 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.295 of 2023

05. 1. List this matter for hearing in the week commencing 9th

October, 2023.

2. Urgent certified copy of this order be granted on

proper application.

        .                                             (D. Dash)
                                                        Judge




                                                  (Dr. S.K. Panigrahi)
                                                          Judge

 B.Jhankar

BHABAGRA Digitally signed by BHABAGRAHI JHANKAR

HI JHANKAR Date: 2023.05.02 13:49:09 +05'30'