Dukha Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6298 of 2022 Dukha Bhoi ....

Petitioner Mr. P.K. Rath(1), Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

17.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in G.R. Case No.2271 of 2018, pending in the file of learned S.D.J.M., Puri, arising out of Satyabadi P.S. Case No.269 of 2018, offence under Sections 302/34 of IPC and is in custody since 05.04.222.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Puri by order dated 04.05.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to entertain this bail application at this stage. 6.

It shall be open to the petitioner to move the learned Court in seisin over the matter after filing of charge sheet and same shall

be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court. 7.

Accordingly the BLAPL stands disposed of.

8.

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