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Orissa High CourtBLAPL/6883/2022disposed off

Abhinash Khatik v. State Of Odisha

2022-11-22Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6883 of 2022 Abhinash Khatik ....

Petitioner Mr. J. Khansama, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

22.11.2022 Order No.

04.

I.A No.1351 of 2022 1.

This matter is taken up through hybrid mode.

2.

This is an application for interim bail.

3.

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

4.

Accordingly, the I.A stands disposed of as not pressed. (V. NARASINGH) Judge BLAPL No.6883 of 2022 05.

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 T.R. Case No.30 of 2022 pending on the file of learned Sessions Judge-cum-Special Judge,

Koraput-Jeypore, arising out of Jeypore Sadar P.S. Case No.157 of 2022 for commission of offence under Sections 20(b)(ii)C of the N.D.P.S Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Koraput-Jeypore by order dated 08.06.2022 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 seeking interim bail on account of continuing ill health of the Petitioner's wife, which 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 rule. (V. NARASINGH) Judge PKS