Kuna Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7711 of 2022 Kuna Patra and another ....

Petitioners Mr. J. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, 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 petitioners and learned counsel for the State.

3.

The petitioners are accused in C.T. Case No.772 of 2022, pending in the file of learned S.D.J.M. Bhawanipatna, arising out of Bhawanipatna Sadar P.S. Case No.263 of 2022 under Section 419/420/465/466/46/470/471/120-B/34 of IPC and is in custody since 06.07.2022.

4.

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

5.

Perused the order of rejection.

6.

The allegation against the present petitioners are that they were witnesses to a fraudulent land transaction in which the lands of the complainant Narottam Gouda was allegedly sold. 7.

Learned counsel for the petitioner relying on the revenue records at Annexure-3 submit that since 08.07.2022 the title has been restored to the informant, hence further continuance of the petitioners in custody is not warranted.

8.

Taking into account the nature of allegations and the role ascribed to the present petitioners and considering submission of the learned counsel for the petitioners that the petitioners have no criminal proclivity, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter.

9.

Accordingly, the BLAPL stands disposed of.

1 0.

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