Ratha @ Hari Naik vs State Of Odisha
2023 Latest Caselaw 13443 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                             CRLA No.706 of 2021
            Ratha @ Hari Naik                ....                    Appellant
                                                     Mr. J. Panda, Advocate
                                        -versus-
            State of Odisha                         ....           Respondent
                                                    Mr. P.K. Mohanty, ASC
                    MR. JUSTICE D. DASH
                    MR. JUSTICE G.SATAPATHY
                                   ORDER

31.10.2023 Order No. I.A. No.1299 of 2021

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

2. This is an application under section 389 Cr.P.C. for suspension of execution of sentence imposed upon the Appellant by the Trial Court while convicting him for the offence under section 302 of the Indian Penal Code by the learned Additional Sessions Judge, Rairangpur, Mayurbhanj in Sessions Trial No.10 of 2017, pending disposal of this Appeal and for his release on bail.

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 as well as the depositions of the prosecution witnesses, further keeping in view the period of detention in custody for the role ascribed to him in the incident, while, at this stage, we are not inclined to direct for suspension of further execution of the sentence and grant him bail pending disposal of this Appeal, this application stands disposed of granting interim bail to the Appellant for a period of three months from the date of his actual release from custody on such terms and

// 2 //

conditions as deemed just and proper by the learned Additional Sessions Judge, Rairangpur, Mayurbhanj in Sessions Trial No.10 of 2017 with further conditions that Appellant shall not indulge himself in any criminal activity during the period of interim bail; and shall positively surrender before the Trial Court as would be so directed by the said Court on expiry of period of interim bail.

(D. Dash), Judge.

(G.Satapathy), Judge.

                                                        ORDER
                                                       31.10.2023
            Order No.                               CRLA No.706 of 2021
                  03.            1.      List this matter on 12.02.2024. Registry to ensure receipt of

the LCR by the next date of listing.

Issue urgent certified copy of this order on proper application.

(D. Dash), Judge.

(G. Satapathy), Judge.

Kishore/Subhasmita

Signature Not Verified Digitally Signed Signed by: SUBHASMITA DAS Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 01-Nov-2023 13:40:19