Damodar Das vs State Of Odisha(Vig.)
2023 Latest Caselaw 13840 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              CRLA No.651 of 2023

              Damodar Das                             ....    Appellant/
                                                            Petitioner

                                  Mr.Samvit Mohanty, Advocate

                                           -versus-

              State of Odisha(Vig.)                   ....   Respondent/
                                                           Opp.Party

                                  Mr. Sanjay Kumar Das
                                  Standing Counsel (Vig.)

                                    CORAM:
                               JUSTICE S.K. SAHOO
                                    ORDER

Order No.                        07.11.2023
                              I.A. No. 1845 of 2023

   02.           This    matter       is     taken    up   through   Hybrid

arrangement (video conferencing/physical mode).

This application has been filed by the petitioner for suspension of sentence along with fine and stay of execution of N.B.W. pending disposal of the appeal.

When the matter was listed on 03.07.2023, since the appellant had not surrendered before the learned trial Court after pronouncement of the judgment, it was directed that the appeal will be taken up after his surrender before the learned trial Court and after he files the surrender certificate in view of the provisions under section 389 of Cr.P.C. or any order is passed in the CRLMP.

// 2 //

Learned counsel for the petitioner submitted that in the meantime the CRLMP No.1102 of 2023 has already been disposed of and it has been observed that the petitioner is to file an appropriate application before this Court and N.B.W. issued against the petitioner was directed to be kept in abeyance for two weeks so as to enable him to obtain appropriate order from the appellate Court.

Considering the submissions made by the learned counsel for the respective parties and after going through the averments taken in the interim application, I do not find any merit in the interim application. However, the petitioner shall comply with the order dated 03.07.2023 and produce the surrender certificate whereafter the appeal will be taken up for admission and consideration of interim applications for bail and stay of realization of fine.

I.A. is accordingly disposed of.

( S.K. Sahoo) Judge

PKSahoo

Signature Not Verified Digitally Signed Signed by: PRAMOD KUMAR SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 09-Nov-2023 16:50:05