Sany Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

CRLMA No.284 of 2022 Sany Nayak ....

Petitioner Mr. M. R. Khatua, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

28.10.2022 Order No.

06.

I.A No.28 of 2022 1.

This matter is taken up through hybrid mode.

2.

Learned counsel for the Petitioner does not want to press the I.A for interim bail.

3.

Accordingly, the I.A stands disposed of as not pressed. (V. NARASINGH) Judge CRLMA No.284 of 2022 07.

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

This is an application under Section 389(2) read with Section 439 of Cr.P.C for bail pending disposal of the Criminal Appeal No.1 of 2022 before the learned Addl. Sessions Judge, Baliguda.

3.

It is submitted by the learned counsel for the Petitioner that the co-accused have been released on bail in terms of the order

passed by this Court dated 24.09.2022 in CRLMA No.149 of 2022 and by order dated 19.10.2022 in CRLMA No.273 of 2022. 4.

It is borne out from the record that the Petitioner is in custody since the date of his arrest i.e. 08.08.2019 till date. 5.

The Petitioner has been directed to undergo R.I for a period of 7 years for committing offence under Section 395 IPC and to undergo R.I for 1 year for offence under Section 120-B IPC and the sentences have been directed to run concurrently. 6.

Considering that the Petitioner is in custody for more than three years and keeping in view the pendency of the appeal in the learned Court in seisin over the matter, this Court is persuaded to direct the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

7.

Accordingly, the CRLMA stands disposed of.

8.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS