Harishankar Naik vs State Of Odisha
2023 Latest Caselaw 12003 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                CRLA No.740 of 2023
            Harishankar Naik                   ....               Appellant
                                                        Mr.Abhas Mohanty,
                                                               (Advocate)
                                        -versus-

            State of Odisha                    ....              Respondent
                                                         Mr. P.K. Mohanty,
                                                                     ASC
                    CORAM:
                    MR. JUSTICE D.DASH
                    MR.JUSTICE G. SATAPATHY


                                      ORDER

05.10.2023 Order No. I.A. No.1573 of 2023

05. 1. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Harishankar Naik, by the Trial Court while convicting him for the offence under sections 449/302/34 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 including 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; at this stage, 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 quite some time by now; we direct that the Appellant, Harishankar Naik, be released on interim bail for a period of twelve (12) weeks from the date of his actual release from custody in

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connection with Sessions Trial No.46/23 of 2015 by the learned Additional Sessions Judge, Sundargarh 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.

Issue urgent certified copy of this order as per rules.

(D. Dash), Judge

(G. Satapathy) Judge

ORDER 05.10.2023 Order No. CRLA No.740 of 2023

06. 1. List this Appeal for hearing on 2nd January, 2024.

(D. Dash), Judge

(G. Satapathy) Judge Signature Not Verified Digitally Signed Signed by: HIMANSU SEKHAR DASH Himansu Reason: Authentication Location: OHC Date: 10-Oct-2023 16:46:45