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Orissa High CourtBLAPL/7960/2022allowed

Seema Padhan @ Padhan v. State Of Odisha

2022-09-05Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7960 of 2022 Seema Padhan @ Padhan and another ....

Petitioners Mr. S.K. Sahu, Advocate -versusState of Orissa ....

Opposite Party Mr. A. Pradhan, 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 petitioners and learned counsel for the State.

3.

The petitioners are accused in G.R. Case No.2434 of 2022 pending in the file of learned S.D.J.M., Sambalpur, arising out of Jujumura P.S. Case No.90 of 2022, offence under Sections 341/302/323/34 of IPC subsequently turned into commission of offences under Sections 341/306/323/34 of IPC and is in custody since 18.06.2022.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Sambalpur by order dated 10.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioners submits that charge sheet has been filed on 15.08.2022 inter alia under Section 306 of

IPC. Keeping in view the nature of accusation further continuance of the petitioners in custody is not warranted. 6.

Learned counsel for the State oppose the prayer for bail. 7.

Taking into account the allegations being one under Section 306 of IPC and the role ascribed to the petitioner by the investigating agency as revealed from the perusal of the case record, 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.

8.

Accordingly, the BLAPL stands disposed of.

9.

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