Banambar Naik @ Nahak vs State Of Odisha
2023 Latest Caselaw 15133 Ori

Orissa High Court

Banambar Naik @ Nahak vs State Of Odisha on 28 November, 2023

Author: S.K. Sahoo

Bench: S.K. Sahoo

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            CRLA No.1242 of 2023

              Banambar Naik @ Nahak              ....         Appellant

                                   Mr. Bijaya Kumar Sahoo,
                                   Advocate

                                     -versus-

              State of Odisha                    ....      Respondent

                                   Mr. Arupananda Das
                                   Addl. Govt. Advocate
                                CORAM:
                            JUSTICE S.K. SAHOO

                                 ORDER

Order No.                      28.11.2023
   01.             This   matter    is   taken   up     through   Hybrid

arrangement (video conferencing/physical Mode).

Learned counsel for the appellant submitted that he has already served an extra copy of the appeal memo along with the impugned judgment so also the copies of the interim applications on the learned counsel for the State. Therefore, the defect no.5(d) as pointed out by the Stamp Report is removed.

Heard.

Admit.

Call for the trial Court records.

( S.K. Sahoo) Judge // 2 //

02. This is an application under section 389 of Cr.P.C. for grant of bail.

Since one of the offence under which the appellant found guilty is under section 376(3) of the Indian Penal Code, let an extra copy of the appeal memo, the impugned judgment as well as copies of the interim applications be served on the learned counsel for the State by tomorrow (29.11.2023), who shall send the same to the Inspector in-charge of Odgaon police station for its service on the informant in (Odgaon P.S. Case No.101 of 2019) intimating him that the matter will be taken up in the week commencing from 18th December 2023 and if he so likes, he can engage a counsel to oppose the prayer for bail. A written proof regarding service of notice be obtained from the informant.

List this matter in the week commencing from 18th December 2023 for consideration of the interim application after receipt of the trial Court records.

Instruction regarding sufficiency of service of notice on the informant be obtained in the meantime.

( S.K. Sahoo) Judge Sipun

Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 28-Nov-2023 18:03:18