Sk. Ramjan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7846 of 2022 SK. Ramjan and another ....

Petitioners Mr. B.N. Satapathy, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

30.08.2022 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.

At the outset, learned counsel for the petitioners submits that the description of the Court has been wrongly stated in the cause title and in the petition. In as much as, instead of Additional District and Sessions Judge, Kujang which has been wrongly stated as Additional District and Sessions Judge, Jagatsinghpur. 4.

Taking note of the same learned counsel is permitted to make necessary correction of the description in the Court in seisin over the matter in terms of the order of rejection. 5.

The petitioners are accused in C.T. Case No.105 of 2022, pending in the file of learned Additional District and Sessions Judge, Kujang, arising out of Erasama P.S. Case No.163 of 2022

under Section 498-A/302/304-B/34 of IPC read with Section 4 of the Dowry Prohibition Act and is in custody since 04.05.2022. 6.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District and Sessions Judge, Kujang by order dated 10.08.2022 in the aforementioned case, the present BLAPL has been filed.

7.

It is submitted by the learned counsel for the petitioner though the FIR was registered inter alia under Sections 302/498-A of IPC and other allied offence after the conclusion of investigation charge sheet has been filed under Section 306 of IPC and other allied Sections of the IPC.

8.

Learned counsel for the State does not dispute filing of charge sheet under Section 306 IPC on the basis of instructions received.

9.

Taking into account that the petitioners are in-laws and the role ascribed to them and filing of charge sheet, 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.

10.

Accordingly, the BLAPL stands disposed of.

11.

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