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Orissa High CourtBLAPL/7572/2022rejected

Jaganath Khara v. State Of Odisha

2022-08-26Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7572 of 2022 Jagannath Khara ....

Petitioner Mr. P.K. Nanda, Advocate -versusState of Odisha ....

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

ORDER

26.08.2022 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 Spl. G.R. Case No.55 of 2022, on the files of Learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Mathili P.S. Case No.75 of 2022, under Sections 20(b)(ii)(C)/27-A/25 of the NDPS Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Malkangiri, by order dated 18.04.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Since the consideration by the learned Court below is during the course of investigation, this Court is not inclined to entertain this bail application at this stage. The same stands rejected.

6.

It shall be open to the petitioner to renew his prayer after filing of charge sheet.

7.

It is submitted that the wife of the petitioner is in requirement of urgent medical attention. Taking note of the same, liberty is granted to the petitioner to move an appropriate for interim release before the Court in seisin over the matter. The same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court. 8.

Accordingly, the BLAPL stands disposed of.

9.

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