Ershad Ali Mandal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6906 of 2022 Ershad Ali Mandal ....

Petitioner Mr. A.S. Paul, Advocate -versusState of Odisha ....

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

ORDER

21.09.2022 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 T.R. Case No.265 of 2022, pending in the file of learned Sessions Judge, Khurda at Bhubaneswar, arising out of Bharatpur P.S. Case No.276 of 2022, offence under Sections 20(b)(ii)(C) of the NDPS Act and is in custody since 06.07.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Khurda at BBSR by order dated 12.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted that petitioner is in custody since 06.07.2022 hence his further continuance in custody is not warranted.

6.

Learned counsel for the State on instruction submits that investigation is yet to be concluded.

7.

Taking note of the same and keeping in view that the petitioner does not belong to this State, this Court is not inclined to entertain this bail application at this stage. 8.

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. 9.

Accordingly, the BLAPL stands disposed of.

10.

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