Subash Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7019 of 2022 Subash Sahoo ....

Petitioner Mr. S. Mohanty, Advocate -versusState of Odisha ....

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

ORDER

12.08.2022 Order No.

01.

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 U.D. Case No.7B of 202223 converted to O.R. Case No.13B of 2022-23, on the files of J.M.F.C. Badamba, corresponding to 2(b)CC No.4 of 2022, under Sections 9 & 52 of the Wild Life (Protection) Act punishable under Section 51 of the said Act and is in custody since 09.07.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athagarh, by order dated 15.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the rejection order.

6.

Learned counsel for the petitioner submits that co-accused one Narendra Dehury has been released on bail by this Court by order dated 21.07.2022 in BLAPL No.6023 of 2022. 7.

Taking into account the submission of the learned counsel for the petitioner and release of the co-accused person, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter. 8.

It is submitted by the learned counsel for the petitioner that the petitioner has no criminal proclivity. While enlarging the petitioner on bail the learned court below shall very such assertion. If it comes to the fore that the petitioner has any criminal antecedent this order shall stands recalled.

9.

Accordingly, the BLAPL stands disposed of.

10.

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