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Orissa High CourtBLAPL/8475/2022allowed

Chudaram @ Chudamani Seth v. State Of Odisha

2022-09-16Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8475 of 2022 Chudaram @ Chudamani Seth ....

Petitioner Mr. S.K. Jena, Advocate -versusState of Odisha ....

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

ORDER

16.09.2022 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 C.T. Special Case No.39 of 2022, pending in the file of learned District & Sessions Judge-cumJudge, Special Court, Bargarh arising out of Barpali P.S. Case No.188 of 2022, offence under Sections 21(b)/25 & 29 of the NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Judge, Special Court, Bargarh by order dated 25.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that in the meanwhile charge sheet in the case at hand has been filed. Hence further continuance of the petitioner who is in custody since 15.06.2022 is not warranted.

6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground referring to the Criminal Antecedent, as evidenced from the order of rejection.

7.

Taking note of the submission that investigation has been concluded, 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.

Keeping in view his criminal proclivity this Court directs that petitioner shall appear before the jurisdictional police station twice 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