Tulu Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9037 of 2022 Tulu Swain ....

Petitioner Mr. M.R. Dash, Advocate -versusState of Odisha ....

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

ORDER

27.09.2022 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 G.R Case No.1159 of 2022 pending in the file of learned S.D.J.M., Berhampur, arising out of Berhampur Sadar P.S. Case No.221 of 2022, offence under Sections 447/294/506/195-A IPC.

4.

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

5.

An adjournment is being sought for on behalf of Mr. Ashok Das, learned counsel for the Petitioner, on the ground that he is on his legs before another Court.

6.

This Court perused the order of rejection dated 02.09.2022. On perusal of the same, it comes to the fore that such rejection is

during currency of the investigation. Hence, this Court is not inclined to entertain this bail application at this stage notwithstanding the prayer for adjournment.

7.

It shall be open to the Petitioner to move the court in seisin over the matter after filing of charge sheet and same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

8.

Accordingly, the BLAPL stands disposed of.

9.

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