Dushasan Nayak And Another vs State Of Odisha
2023 Latest Caselaw 13747 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.309 of 2022
            Dushasan Nayak and another  ....                    Appellants
                                                         Mr. M.K. Chand,
                                                               Advocate
                                       -versus-

            State of Odisha                   ....              Respondent
                                                    Mr. S.K. Nayak, AGA
                                                          Mr.D.Panigrahi,
                                                        Advocate (For the
                                                               Informant)
                    CORAM:
                    MR. JUSTICE D.DASH
                    MR. JUSTICE G.SATAPATHY
                                      ORDER

06.11.2023 Order No. I.A. No.640 of 2022

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

2. Learned counsel for the Appellants does not want to press the bail application of Appellant No.1, namely, Dushasan Nayak at this stage. Accordingly, the bail application of Appellant No.1 is dismissed as not pressed and the present IA is only confined to Appellant No.2, namely, Puspa Chandra Nayak.

3. The Appellant No.2, namely, Puspa Chandra Nayak by filing this application under section 389 of Cr.P.C., has prayed for suspension of execution of sentence imposed upon him in C.T. Case No.84 of 2015 by the learned Additional Sessions Judge-cum- Special Judge, Koraput and his release on bail pending disposal of the appeal.

3. Heard learned counsel for the Appellant No.2 and learned counsel for the State as well as the learned counsel for the Informant.

// 2 //

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 the Appellant No.2 in the entire incident as those emanate from the evidence tendered through the witnesses examined from the side of the prosecution in the trial which are impeached on various grounds and other surrounding circumstances including the period of detention of the Appellant No.2 in custody, it is directed that the Appellant No.2 be released on bail in the above mentioned 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 Appellant No.2 shall surrender before the trial Court as and when so required.

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

(D. Dash) Judge

(G. Satapathy) Judge ORDER 06.11.2023 Order No. CRLA No.309 of 2022

09. 1. List this matter in the week commencing 19.02.2024.

(D. Dash) Judge

Signature Not Verified (G. Satapathy) Digitally Signed Signed by: KISHORE KUMAR SAHOO Judge Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 07-Nov-2023 17:50:27 Kishore/Subhasmita