Lenin Kumar Baliarsingh And vs State Of Orissa
2023 Latest Caselaw 13248 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                            CRLA No.666 of 2022
            Lenin Kumar Baliarsingh and  ....                      Appellants
            another                                        Mr. S.K. Mishra,
                                                                  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.1039 of 2023

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

2. Learned counsel for the Appellants files memo in Court today stating therein the name of Appellant No.2 in the cause title of the appeal be corrected as "Sarat Nayak" instead of "Sarat Chandra Nayak" so also the name of father of Appellant No.2 be corrected as "late Daitary Nayak" instead of "Antaryami Nayak". Office is accordingly directed to carry out the necessary correction in the cause title of the appeal. The memo be kept on record.

3. 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.

4. 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.

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5. 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 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.

6. The I.A. is accordingly disposed of.

(D. Dash) Judge

(G. Satapathy) Judge ORDER 19.10.2023 Order No. CRLA No.666 of 2022

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

(D. Dash) Judge

Signature Not Verified Digitally Signed (G. Satapathy) Signed by: KISHORE KUMAR SAHOO Designation: Secretary Judge Reason: Authentication Location: High Court of Orissa Date: 19-Oct-2023 17:36:57

Kishore/Subhasmita