Md. Saddam v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8473 of 2022 Md. Saddam ....

Petitioner Mr. T.K. Sahu, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

24.09.2022 Order No.

02.

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 connection with G.R. Case No.1352 of 2022, pending in the Court of learned S.D.J.M., Sundargarh, arising out of Sundargarh Town P.S. Case No.304 of 2022, for offences under Sections 341/323/307/294/506/34 of IPC read with Section 25/27 of Arms Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Sundargarh, by order dated 27.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the co-accused have been released on anticipatory bail by order of this Court by order dated 12.09.2022 in ABLAPL No.10783 of 2022 and while so releasing, this Court directed for verification of

the nature of the injury and it is stated that on verification the learned Court below found the injuries to be simple. 6.

Such submission is not refuted by the learned counsel for the State with his usual fairness.

7.

Taking note of the same and that co-accused has been released on bail and that the petitioner is in custody since 20.08.2022, 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.

The order passed by the learned S.D.J.M., Sundargarh, releasing the co-accused along with the examination report of the wounded persons is kept on record, as submitted by the learned counsel for the petitioner.

9.

Accordingly, the BLAPL stands disposed of.

10.

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