Bibhuti Bhusan Mohapatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8255 of 2022 Bibhuti Bhusan Mohapatra ....

Petitioner Mr. P.K. Sahoo, Advocate -versusState of Odisha ....

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

ORDER

24.11.2022 Order No.

06.

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 C.T. Case No.1051 of 2018, pending in the file of learned S.D.J.M., Bhubaneswar, arising out of Nayapalli P.S. Case No.111 of 2018, for commission of alleged offences under Sections 417/420/468/467/465/464 of IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special. Judge (C.B.I) Court No.Icum-Additional Sessions Judge, Bhubaneswar by order dated 27.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the consideration by the learned Court in seisin was during the currency of investigation. In the meanwhile as charge sheet has

been submitted in the fitness of things, he be permitted to move the learned Court in seisin afresh.

6.

Accordingly, the bail application stands disposed of as withdrawn.

7.

Liberty is granted to the petitioner to move the learned Court in seisin afresh. If such an application is moved, it is open to the petitioner to bring to the notice of the learned Court in seisin the improbability of the allegations. And, the same shall be taken into account on its own merit without being prejudiced by earlier rejection or order passed by this Court.

(V. NARASINGH) Judge Santoshi