Orissa High Court
Chandaneswar Nayak And vs State Of Odisha on 30 April, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.827 of 2024
Chandaneswar Nayak and ... Appellants
others
Mr. A.R. Panda, Advocate
-versus-
State of Odisha ... Respondent
Mr. R.B. Mishra, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
30.04.2025
Order No.
09. I.A. No.2063 of 2024
1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is an application by the appellants for stay
realization of fine pending disposal of the appeal.
3. Heard, Mr. Amulya Ratna Panda, learned
counsel for the appellants and Mr. R.B. Mishra, learned
Addl. Public Prosecutor in the matter and perused the
record.
4. Realization of fine from the appellants under
the impugned judgment in ST Case No.68 of 2016 of
the Court of learned Additional Sessions Judge,
Phulbani, Kandhamal shall remain stayed till disposal of
the appeal.
5. Accordingly, the IA stands disposed of.
6. This is an application under Section 430 (1) &
(2) of Bharatiya Nagarik Suraksha Sanhita, 2023 (in
short, "BNSS") for grant of bail to the appellants-
petitioners pending suspension of further execution of
their sentence till disposal of the appeal.
7. Heard, Mr. Amulya Ratna Panda, learned
counsel for the appellants and Mr. R.B. Mishra, learned
Addl. Public Prosecutor in the matter and perused the
record including the objection filed by the State and the
comprehensive affidavit as filed by the learned counsel
for the appellants in Court today, which is taken on
record, disclosing no criminal antecedent of the
appellants.
8. After having considered the rival submissions
and on going through the evidence of the vital
witnesses like PWs.4 and 5 vis-à-vis the evidence of
PW15-the IO and taking into account the material
contradictions elicited by the appellants in respect of
the main allegation of exploding bomb and keeping in
view the other circumstances on record in entirety
including the fact that the appellants, who were all
along on bail since 2012 till passing of the judgment on
08.08.2024 except the custody period of two months
during investigation and the appeal being unlikely to be
heard in near future, this Court considers it proper to
suspend the sentence of the appellants and admits
them to bail.
9. Hence, the sentence of the appellants be
suspended and they be admitted to bail on such terms
and conditions as deems fit and proper by the
convicting Court including one condition that the
appellants-petitioners shall surrender to custody as and
when required by the Court.
10. Accordingly, the IA stands disposed of.
11. Since soft/digitized copy of LCR/TCR is already
available on record, Office is requested to prepare
paper books and supply the same to the learned
counsel for the parties as per Rules.
12. List this matter on 21.07.2025.
(G. Satapathy)
Judge
Subhasmita
Location: High Court of Orissa
