Srinibas Pradhan @ Sini Pradhan v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 7733 of 2022 Srinibas Pradhan @ Sini Pradhan ....
Petitioner Mr. S. Dwibedi, Advocate -versusState of Odisha ....
Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH
ORDER
04.11.2022 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 connection with G.R. Case No.219 of 2022, pending in the file of the learned S.D.J.M., Nayagarh, arising out of Nayagarh P.S. Case No.43 of 2022, for alleged commission of offences under Sections 147/148/302/307/337/338/323/325/149 of the IPC. 4.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Nayagarh, by order dated 05.08.2022 in the aforementioned case, the present BLAPL has been filed.
5.
It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 24.07.2022 and since charge-sheet
has already been filed on 10.08.2022, further continuance of the petitioner in custody is unwarranted.
6.
It is submitted that the petitioner is similarly circumstanced with one Bikas Ranjan Pradhan, who has since been released on bail by this Court by order dated 12.07.2022 in BLAPL No.5744 of 2022.
7.
It is also stated that the co-accused persons have already been released on bail by order dated 22.07.2022 in BLAPL Nos.6068, 6072, 6076, 6080 & 6084 of 2022. Hence, on the ground of parity, the petitioner seeks release.
8.
Learned counsel for the State on verification of the Case Diary, does not dispute the submission of the learned counsel for the petitioner that the petitioner is prima facie similarly circumstanced with the accused who have already been released on bail, as noted above.
9.
Taking into account the release of the co-accused and the period of custody, 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.
10.
Accordingly, the BLAPL stands disposed of.
11.
Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha