Chandra Besera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7116 of 2022 Chandra Besera & another ....

Petitioners Mr. S. Khan, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

28.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The Petitioners accused in G.R. Case No.315 of 2022 pending on the file of learned J.M.F.C., Parjang, arising out of Parjang P.S Case No.328 of 2022 for commission of offence under Sections 341/307/120-B IPC and Sections 25/27 of the Arms Act. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Kamakhyanagar by order dated 18.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection and the statement of the injured-Arjuna Soren.

6.

The final form and the statement of the injured Arjuna Soren supplied by the learned counsel for the Petitioners be kept on record.

7.

It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 7.7.2022 and as charge sheet has been filed on 31.10.2022, their further continuance in custody are not warranted.

8.

Learned counsel for the State opposes the prayer for bail. 9.

Considering the background in which the offence was committed and taking into account the submission of the learned counsel for the Petitioners that the injured-Arjuna Soren has already recovered, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

10.

The BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge PKS