Subrat Nayak @ Subrat Kumar vs State Of Orissa
2023 Latest Caselaw 13247 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.669 of 2022
            Subrat Nayak @ Subrat Kumar ....                      Appellant
            Nayak                                          Mr. R. Pradhan,
                                                                 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.1281 of 2022

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

2. The Appellant, namely, Subrat Nayak @ Subrat Kumar 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. Mr. D. Panda, learned counsel for the Informant vehemently objected the prayer for bail of the Appellant.

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

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which are impeached on various grounds and other surrounding circumstances including the period of detention of the Appellant in custody and the factum of grant of bail to co-convict, 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 19.10.2023 Order No. CRLA No.669 of 2022

03. 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