Mahulia Naik vs State Of Odisha
2023 Latest Caselaw 6056 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                JCRLA No44 of 2019
            Mahulia Naik                       ....                Appellant
                                                      Ms.Binapani Tripathy,
                                                           (Amicus Curiae)
                                       -versus-

            State of Odisha                    ....               Respondent
                                                        Mr. S.S. Mohapatra,
                                                                      ASC
                    CORAM:
                    MR. JUSTICE D.DASH
                    Dr.JUSTICE S.K.PANIGRAHI


                                      ORDER

15.05.2023 Order No. I.A. No.66 of 2023

03. 1. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Mahulia Naik by the Trial Court while convicting him for the offence under section 302 of the Indian Penal Code and his release on bail pending disposal of this Appeal.

2. Heard.

3. Taking into account the submissions made and on going through the judgment passed by the Trial Court as well as the depositions of the prosecution witnesses, further keeping in view the role said to have been played by this Appellant and the manner in which the incident had taken place as emerge from the evidence; We are not inclined to direct for suspension of further execution of the sentence and grant him bail pending disposal of this Appeal. However, considering the fact that the Appellant is in custody for a long period; We direct that the Appellant, Mahulia Naik, be released on interim bail for a period of twelve (12) weeks from the date of his actual release from custody in connection with C.T.

// 2 //

No.168 of 2014/C. No.127 of 2016 by the learned Additional Sessions Judge, Dhenkanal on such terms and conditions as deemed just and proper by the Trial Court with further conditions that the Appellant shall not indulge himself in any criminal activity during the period of interim bail and shall positively surrender before the Trial Court as would be so directed by the said Court on expiry of period of interim bail.

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

(D. Dash), Judge

(Dr. S.K.Panigrahi) Judge

ORDER 15.05.2023 Order No. JCRLA No.44 of 2019

4. 1. List this Appeal for hearing in the week commencing 28th August, 2023.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

Signature Not Verified (Dr. S.K.Panigrahi) Digitally Signed Signed by: HIMANSU SEKHAR DASH Judge Reason: Authentication Location: ORISSA HIGH COURT Date: 15-May-2023 18:03:19 Himansu