Gadish Rana vs State Of Odisha
2023 Latest Caselaw 12782 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                              CRLA NO.1139 OF 2023

            Gadish Rana                            ....            Appellant
                                            Mr. Trilochan Nanda, Advocate
                                        -versus-
            State of Odisha                        ....           Respondent
                                                     Mr. S. K. Nayak, AGA

                      CORAM:
                      MR. JUSTICE D.DASH
                      MR. JUSTICE G. SATAPATHY

                                        ORDER

Order No.                              16.10.2023
   01.      1.      This matter is taken up through Hybrid Arrangement

(Virtual/Physical Mode).

2. Heard.

3. Admit.

4. Call for the digitized copy of the Trial Court Record.

5. List this matter after six weeks.

(D.Dash) Judge

(G. Satapathy) Judge

ORDER 16.10.2023 I.A. No.2503 of 2023 Order No.

02. 1. Heard.

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2. There shall be stay realization of fine till disposal of this appeal.

3. The I.A is accordingly disposed of.

(D. Dash) Judge

(G. Satapathy) Judge

ORDER 16.10.2023 Order No. I.A. No.2502 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, Gadish Rana by the Trial Court while convicting him for the offence under section 304-I of the IPC, and his release on bail pending disposal of this Appeal.

2. Heard.

3. Taking into account the submissions made and on going through the impugned judgment of conviction passed by the Trial Court as also the depositions of the witnesses, which have been placed on record and keeping in view the manner in which the incident is said to have been taken place and the role played as well as the act done by the Appellant as emanate from the evidence on record; we are inclined to direct that further execution of sentence imposed upon this Appellant in Sessions Trial Case No.50 of 2018 by the learned Additional Sessions Judge, Kantamal shall remain

// 3 //

suspended till disposal of this Appeal and the Appellant be released on bail pending disposal of this Appeal.

Accordingly, it is directed that the Appellant, namely, Gadish Rana be released on bail pending disposal of this Appeal on such terms and conditions as deemed just and proper by the Trial Court with further condition that he will positively surrender before the Trial Court as and when so required.

The I.A. is accordingly disposed of.

(D. Dash) Judge

(G. Satapathy) Judge

Gitanjali

Signature Not Verified Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 18-Oct-2023 15:27:36