Maheswar Nayak vs State Of Odisha
2023 Latest Caselaw 12846 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                           CRLA No.818 of 2022
            Maheswar Nayak              ....                       Appellant
                                                            Mr. P.P. Parida,
                                                                  Advocate
                                         -versus-

            State of Odisha                     ....              Respondent
                                                         Mr. P.K. Mohanty,
                                                                       ASC
                                                             Ms. A. Mehta,
                                                        Advocate(Informant)
                      CORAM:
                      MR. JUSTICE D.DASH
                      MR. JUSTICE G.SATAPATHY
                                        ORDER

17.10.2023 Order No. I.A. No.632 of 2023

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

2. The Appellant, namely, Maheswar Nayak by filing this application under section 389 of Cr.P.C., has prayed for suspension of execution of sentence imposed upon him in S.T. Case No.8/16 of 2014/S.T. Case No.25/195 of 2016 by the learned 1st Additional Sessions Judge, Puri and his release on bail pending disposal of the appeal.

3. Heard learned counsel for the Appellant and learned counsel for the State.

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 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

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circumstances including the period of detention of the Appellant in custody, it is directed that the Appellant 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 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 17.10.2023 Order No. CRLA No.818 of 2022

09. 1. List this matter in the week commencing 11.12.2023.

(D. Dash) Judge

(G. Satapathy) Judge

Kishore/Subhasmita

Signature Not Verified Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 18-Oct-2023 15:16:45