Jitendra Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8328 of 2022 Jitendra Parida ....

Petitioner Mr. P.R. Singh, Advocate -versusState of Odisha ....

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

ORDER

14.09.2022 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.823 of 2022, pending in the file of learned S.D.J.M., Dhenkanal, arising out of Motanga P.S.

Case No.145 of 2022, under Section 498(A)/304(B)/302 and 34 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Spl. Judge (Vigilance), Dhenkanal by order dated 26.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted that though charge sheet was filed inter alia under Section 302 of IPC, after investigation police has submitted final form under Section 498(A)/306/34 of IPC.

6.

Perused the Post-mortem report which indicates that the death was due to hanging.

7.

Taking into account the submissions of charge sheet inter alia under Sections 306 IPC and period of custody since 27.06.2022, 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