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Orissa High CourtBLAPL/7601/2022allowed

Rama Jiban v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7601 of 2022 Rama Jiban and another ....

Petitioners Mr. L. Dash, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, 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 petitioners and learned counsel for the State.

3.

The petitioners are accused in 2(a)CC No.105 of 2022, on the files of learned Judicial Magistrate First Class, Kantamal DistBoudh, arising out of Kantamal Excise Station P.R. No.36 of 202223, under Sections 52(a)(i) of the Odisha Excise Act, 2008 and in custody since 31.07.2022 .

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Kantamal, by order dated 05.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Taking into account the nature of allegations and the punishment prescribed, 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.

7.

Taking into account the Petitioner No.1 is an outsider learned Court shall fix the terms so as to ensure his presence on each date of trial. It is directed that the Petitioner No.1 and 2 shall appear before the jurisdictional Police Station once in every month till the submission of final form.

8.

According the BLAPL stands disposed of.

9.

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