Pintu @ Puspak Ranjan Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7369 OF 2022 Pintu @ Puspak Ranjan Patra .........

Petitioners Mr.P.K.Jena, Adv.

-versusState of Odisha ............

Opposite Party Mr. K.K.Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

24.08.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The Petitioner is an accused in connection with G.R. Case No.745 of 2021 arising out of Nandankanan P.S. Case No. 93 of 2021 pending on the file of learned JMFC, (O), Bhubaneswar, registered for the alleged commission of offence under Sections 364-A/506/34 of the I.P.C. and 25 of the Arms Act.

4.

Being aggrieved by the rejection of his application for bail U/s 439 Cr.P.C. by the learned Addl. Sessions Judge, Bhubaneswar by order dated 28.07.2022, the present BLAPL has been filed. 5.

Learned counsel for the petitioner submits that a charge sheet was filed in the case at hand in which name of the petitioner does not find place. The investigation was kept open in terms of Section 173(8) of the Cr.P.C. and during the course of the further investigation the

petitioner has been arrayed as an accused and he is in custody since 20.07.2022. It is further submitted that the principal accused has been released on bail by this Court by order dated 22.12.2021 in BLAPL No. 9094 of 2021.Hence, it is submitted further continuance of the petitioner in custody is uncalled for.

6.

Learned counsel for the petitioner has also placed on record the release orders of other co-accused persons by this Court under Section 439 Cr.P.C.

7.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that taking into account the role played by the practitioner, he is not entitled to be released on bail and in a case of this nature ground of parity ought not to be taken into account. 8.

Considering the release of the prime accused as noted above and other accused persons, orders of which have been placed on record, 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. 9.

The bail orders of the principal accused and other accused persons be kept on record.

10.

Accordingly, the BLAPL stands disposed of.

11.

Issue urgent certified copy of this order as per Rules. ( V.Narasingh ) Judge Dhal