Bennela Umashakar @ V. Uma Shankar v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9372 of 2022 Bennela Umashakar @ V.
Uma Shankar ....
Petitioner Mr. R.L. Pattnaik, Advocate -versusState of Odisha ....
Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH
ORDER
28.11.2022 Order No.
03.
I.A. No.1738 of 2022 1.
This matter is taken up through hybrid mode.
2.
Heard learned counsel for the petitioner and learned counsel for the State.
3.
This I.A. has been filed by the petitioner for grant of interim bail.
4.
Considering the instruction submitted by the learned counsel for the State regarding the health condition of the petitioner's wife, this Court is not inclined to entertain this I.A.
5.
Accordingly, the I.A. stands rejected.
(V. NARASINGH) Judge
BLAPL No.9372 of 2022 Order No.
04.
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 T.R. Case No.47 of 2022, pending in the file of the learned Sessions Judge-cum-Special Judge, Koraput, arising out of Pottangi P.S. Case No.57 of 2022 dtd.25.04.2022, for alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act. 4.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judgecum-Special Judge, Koraput, by order dated 09.08.2022 in the aforementioned case, the present BLAPL has been filed. 5.
Since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to consider this bail application at this stage.
6.
The petitioner is at liberty to move the learned Court below after filing of charge sheet. 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 Ayesha