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Orissa High CourtBLAPL/8030/2022allowed

Rajkishore Samal v. State Of Odisha

2022-09-06Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8030 of 2022 Rajkishore Samal ....

Petitioner Mr. M. Dalai, Advocate -versusState of Odisha ....

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

ORDER

06.09.2022 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.308 of 2015 and further corresponding to S.T. Case No.150 of 2021 pending in the file of learned District and Session Judge, Cuttack, arising out of Sadar P.S. Case No.63 of 2015, offence under Sections 341/323/307/294/506/34 of IPC and is in custody since 06.08.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Session Judge, Cuttack by order dated 10.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Learned counsel for the petitioner submits the petitioner was taken into custody for non-appearance in the date fixed. In

terms of the order passed by this Court dated 12.05.2015 in ABLAPL No.3913 of 2015. It is submitted that the default was unintentional and was due to reasons beyond the control of the petitioner.

7.

Taking note of the circumstances as stated by the learned counsel for the petitioner, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

Additionally, it is directed that the petitioner shall appear before the jurisdictional Police Station once every week till the conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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