Damadar Nayak vs State Of Odisha

I.A. No.691 of 2022

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

This is an application under section 389 of the Cr.P.C. for suspension of execution of sentence imposed upon the Appellant, namely, Damadar Nayak by the Trial Court while convicting him for the offence under Section 302/34 of the Indian Penal Code and his release on bail pending disposal of this Appeal.

Heard learned Counsel for the Appellant and learned Additional Government Advocate for the State.

Taking into account the submissions made and going through the depositions of the witnesses examined from the side of the prosecution; especially as to the role of this Appellant in the incident and also other surrounding circumstances including the period of detention of the appellant in custody and his age and as the disposal of the Appeal is not likely to take place so soon; We are inclined to direct that the execution of sentence imposed upon this Appellant in C.T. Case No.37 of 2019 vide judgment of conviction and order of sentence dated 06.04.2022 by the learned Sessions Judge, Nabarangpur shall remain suspended till disposal of this Appeal.

Accordingly, it is directed that the Appellant (Damadar Nayak) be released on bail in the aforesaid 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 positively surrender before the Trial Court as and when so required.

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

...........................................