Dipu @ Diptiranjan Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6666 of 2022 Dipu @ Diptiranjan Jena ....

Petitioner Mr. R. Achary, Advocate -versusState of Odisha ....

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

ORDER

15.11.2022 Order No.

04.

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.366 of 2022, pending in the file of learned JMFC, Jatni, arising out of Jatni P.S. Case No.204 of 2022, for commission of alleged offences under Sections 25(1-A)/27/35 of Arms Act and is in custody since 08.06.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-IV, Bhubaneswar by order dated 29.06.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Since the consideration before the learned Court in seisin was before filing of the charge sheet, this Court is not inclined to entertain this bail application at this stage. 6.

Accordingly, the bail application stands disposed of giving liberty to the petitioner to move the learned Court in seisin afresh.

7.

It is needless to state that the learned Court in seisin was consider the matter on its own merit and while taken into account the submission of the learned counsel for the petitioner that prima facie the petitioner is not liable for the offences under which final form has been submitted.

(V. NARASINGH) Judge Santoshi