Ganesh @ Gani Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9371 of 2022 Ganesh @ Gani Behera ....

Petitioner Mr. B.K. Parida-2, Advocate -versusState of Odisha ....

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

ORDER

12.10.2022 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.367 of 2022 pending in the file of learned S.D.J.M., Nayagarh arising out of Nayagarh Sadar P.S. Case No.85 of 2022, offence under Sections 341/307/323/325/324/339 IPC and is in custody since 26.06.2022. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Nayagarh by order dated 19.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Keeping in view the nature of injury suffered by the injured Padmalochan Sahoo, which is grievous in nature and the criminal proclivity of the Petitioner as reflected in the order of

rejection, this Court is not inclined to entertain this bail application at this stage.

6.

Since the investigation is in progress, it is open to the Petitioner to renew his prayer before the learned Court in seisin over the matter after filing of the final form, which shall be considered on its own merit without being influenced by the earlier rejection or the order passed by this Court.

7.

With the aforesaid order, this BLAPL stands disposed of. 8.

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