Biswajit Nayak @ Dhadu And vs State Of Orissa
2023 Latest Caselaw 13245 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.685 of 2022
            Biswajit Nayak @ Dhadu and     ....             Appellants
            another                              Mr. T.P. Mohapatra,
                                                           Advocate
                                    -versus-

            State of Orissa                     ....             Respondent
                                                        Mr. P.K. Mohanty,
                                                                      ASC
                                                            Mr. D. Panda,
                                                       Advocate(Informant)
                    CORAM:
                    MR. JUSTICE D.DASH
                    MR. JUSTICE G.SATAPATHY
                                      ORDER

19.10.2023 Order No. I.A. No.2554 of 2023

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

2. The Appellants by filing this application under section 389 of Cr.P.C., have prayed for suspension of execution of sentence imposed upon them 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 their release on bail pending disposal of the appeal.

3. Heard learned counsel for the Appellants and learned counsel for the State. Mr. D. Panda, learned counsel for the Informant vehemently objected the prayer for bail of the Appellants.

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 Appellants in the entire incident as those emanate from the evidence tendered through the witnesses examined from the side of the prosecution in the trial

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which are impeached on various grounds and other surrounding circumstances including the period of detention of the Appellants in custody and the factum of grant of bail to co-convict, it is directed that the Appellants 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 Appellants 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 19.10.2023 Order No. CRLA No.685 of 2022

02. 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: 19-Oct-2023 17:36:58