Chaitanya Pangi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8665 of 2022 Chaitanya Pangi ....

Petitioner Mr. M. Padhy, Advocate -versusState of Odisha ....

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

ORDER

22.12.2022 Order No.

02.

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in T.R. Case No.53 of 2022 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput, arising out of Semiliguda P.S Case No.75 of 2022, for commission of alleged offence under Section 20(b)(ii)(c) of the N.D.P.S Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C by the learned Addl. Sessions Judge-cum-Special Judge, Koraput by order dated 17.08.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the charge sheet has been filed on 30.10.2022.

5.

Since the consideration by the learned Court in seisin was on 17.08.2022 i.e. before filing of the charge sheet , this Court is not inclined to entertain this bail application at this stage.

6.

It shall be open to the Petitioner to move the learned Court in seisin afresh and if such an application is moved, the same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court. 7.

Accordingly, the BLAPL stands disposed of.

8.

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