Chaura Panda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7855 of 2022 Chaura Panda ....

Petitioner Mr. P. Beura, Advocate -versusState of Odisha ....

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

ORDER

02.09.2022 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 2(a) C.C. Case No.161 of 2022, pending in the file of learned S.D.J.M. Athagarh, offence under Sections 52(a)(i) of the Odisha Excise Act and is in custody since 02.08.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athagarh by order dated 06.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account the nature of allegations and the punishment prescribed and considering the submission at the bar that the petitioner has no criminal proclivity, 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.

6.

It is submitted by the learned counsel for the petitioner that the petitioner has no criminal proclivity. While enlarging the petitioner on bail the learned court below shall verify such assertion. If it comes to the fore that the petitioner has any criminal antecedent this order shall stands recalled.

7.

Accordingly, the BLAPL stands disposed of.

8.

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