Lakhan Jerai v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9264 of 2022 Lakhan Jerai ....

Petitioner Mr. P.S. Das, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

29.09.2022 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 connection with 2(b) C.C. No.02 of 2022, pending in the Court of learned S.D.J.M., Champua arising out of O.R. Case No.33 CH of 2022-23, for alleged commission of offences under Sections 04/12/13 of OT and OFET Rules, punishable under Rule 21 of OT and OFET Rules and is in custody since 09.08.2022.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Champua by order dated 17.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account the nature of allegations and punishment prescribed and the petitioner is in custody since 09.08.2022 and that the petitioner is the driver of the tractor as

borne out from the order of rejection, 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.

Considering that the petitioner is an outsider, learned Court in seisin over the matter to fix the terms so as to ensure his presence on each date 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