Papuni Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8609 of 2022 Papuni Sahoo ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

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

ORDER

21.10.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is accused in connection with C.T. Case No.1073 of 2022, pending before the learned S.D.J.M., Jajpur, arising out of Mangalpur P.S. Case No.284 of 2022, for commission of offences under Sections 498-A/302/34 of IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned District & Sessions Judge, Jajpur, by order dated 02.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that though the F.I.R. was registered inter alia under Section 302 of IPC and after investigation charge-sheet has been filed under Section 306 of IPC on 30.08.2022, hence it is stated that further continuance of the petitioner in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail on basis of recitals of materials on record and submits that there are material on record to show that the present petitioner along with his family members have physically and mentally tortured the victim for which she was driven to commit suicide. Hence, submits that the petitioner ought not to be released on bail. 7.

Considering the filing of charge-sheet inter alia under Section 306 of IPC and the period of custody from 03.05.2022, 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 Ayesha