Tuna Behera vs State Of Odisha
2023 Latest Caselaw 5778 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                CRLA No.225 of 2023
            Tuna Behera                               ....                Appellant
                                                                   Mr.A. Tripathy,
                                                                        Advocate
                                           -versus-

            State of Odisha                           ....              Respondent
                                                             Mr.S.K. Nayak, AGA

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

                                        ORDER

11.05.2023 Order No.

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

2. Heard.

3. Admit.

4. Call for the digitized copy of the Trial Court record.

(D. Dash), Judge

(Dr.S.K. Panigrahi) Judge ORDER 11.05.2023 Order No. I.A. No.472 of 2023

03. 1. Heard.

2. There shall be stay realization of fine till disposal of the Appeal.

// 2 //

3. The I.A. is accordingly disposed of.

(D. Dash), Judge

(Dr.S.K.Panigrahi) Judge ORDER 11.05.2023 Order No. I.A. No.472 of 2023

04. 1. The Appellant, namely, Tuna Behera has filed the application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon him by the Trial Court while convicting him for the offence under section 302/34 of IPC and his is release on bail pending disposal of this Appeal.

3. Heard.

4. Taking into account the submissions made and on going through the impugned judgment passed by the Trial Court; further keeping in view the evidence on record with regard to the role of these Appellant as also the manner in which the incident is said to have been committed, at this stage, we are not inclined to accept the prayer, as advanced in this Application.

5. The I.A. is accordingly dismissed.

                                                                      (D. Dash),
                                                                        Judge




                                                                 (Dr.S.K.Panigrahi)
Basu         BASUD Digitally
                   by BASUDEV
                             signed                                     Judge


             EV    NAYAK
                   Date:
                   2023.05.12