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Orissa High CourtBLAPL/7893/2022allowed

Sibaram Gouda v. State Of Odisha

2022-09-02Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7893 of 2022 Sibaram Gouda ....

Petitioner Mr. A. Das, Advocate -versusState of Orissa ....

Opposite Party Mr. P.K. Maharaj, 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 accused in G.R. Case No.152 of 2022, pending in the file of learned Nyayadhikari Gram Nyayalaya-cumJMFC, Sanakhemundi, arising out of Pattapur P.S. Case No.156 of 2022, offence under Sections 498-A/304-B/306/34 of IPC read with Section 4 of the D.P. of Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 3rd Additional District & Sessions Judge, Berhampur, Ganjam by order dated 26.07.2022 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 the husband and in the meanwhile charge sheet has already been filed on 24.07.2022. He is in custody since

20.05.2022. Hence, his further continuance is not warranted in the factual matrix of the case at hand.

6.

Considering the submission of charge sheet inter alia under Section 306 of IPC and the petitioner is the husband and the role ascribed to him, 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.

7.

Accordingly, the BLAPL stands disposed of.

8.

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