Banshidhar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8781 of 2022 Banshidhar Pradhan and others ....

Petitioners Mr. R. Chhotaray, Advocate -versusState of Odisha ....

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

ORDER

23.09.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioners are accused in G.R. G.N Case No.334 of 2022 pending in the file of learned Gramya Nayalaya Brahmagiri, arising out of Brahmagiri P.S. Case No.180 of 2022, offence under 147/148/447/385/323/324/326/307/149 of IPC read with Section 3 and 4 of E.S. Act and is in custody since 06.08.2022. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Puri by order dated 06.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioners that in the meanwhile the injured has been treated and is leading a normal life and the injuries have been categorized as simple.

6.

It is also stated that all the co-accused have been released on bail by the learned Court in seisin over the matter, hence it is further submitted by the learned counsel for the petitioner that his further continuance in custody is not warranted. 7.

Learned counsel for the State while not disputing that injuries are simple in nature submits the petitioners may not be released when the investigation is yet to be concluded. 8.

Considering the nature of injuries and release of the coaccused, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

9.

Additionally this Court directs the petitioner Nos.2 and 3 shall appear before the I.O. once every week till the conclusion of investigation.

10.

Accordingly, the BLAPL stands disposed of.

11.

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