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Orissa High CourtBLAPL/7680/2022allowed

Suratha Bariha v. State Of Odisha

2022-08-29Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7680 of 2022 Suratha Bariha ....

Petitioner Mr. T. Nanda, Advocate -versusState of Odisha ....

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

ORDER

29.08.2022 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 Chhend P.S. Case No.49 of 2022 corresponding to G.R. Case No.490 of 2022, pending in the file of learned Additional CJM-cum-Assistant Sessions Judge, Rourkela, under Sections 406/408/409/294/506 of IPC. 4.

Being aggrieved by the Rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge Rourkela, by order dated 05.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that in the meanwhile charge-sheet has already been submitted on 09.05.2022 and hence his further continuance in custody is not justified. 6.

Learned counsel for the State submits that there has been recovery of about Rs.50,000/-(Rupees fifty thousand) from the petitioner and there are materials on record to show major part of

the amount has been utilized by the petitioner by spending on himself and transferring to his wife's account. 7.

Taking note of charge-sheet and the period of custody since 12.03.2022, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 8.

Accordingly, the BLAPL stands disposed of.

9.

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