Jugal Pada Saha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7943 of 2022 Jugal Pada Saha ....

Petitioner Mr. G. Mishra, Advocate -versusState of Orissa ....

Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

05.09.2022 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 G.R. Case No.147 of 2022 pending in the file of learned S.D.J.M., Malkangiri, arising out of Malkangiri P.S. Case No.113 of 2022, offence under Sections 498A/304(B)/34 of IPC read with Section 4 of the D.P. Act and is in custody since 09.03.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Malkangiri by order dated 21.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

It is submitted by the learned counsel for the petitioner in the meanwhile charge sheet has been filed on 02.07.2022. Copy of

the charge sheet filed is taken on record. It is stated that keeping in view the role ascribed to the petitioner as borne out from the statement of witnesses, further continuance of the petitioner in custody who is the father in-law and aged about 60 years is not warranted.

7.

Considering the statement of the witnesses and keeping in view the age of the petitioner, he being the father-in-law and the role ascribed to the 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.

8.

Accordingly, the BLAPL stands disposed of.

9.

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