Juma @ Mahammad Abu Nasar v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9394 of 2022 Juma @ Mahammad Abu Nasar ....

Petitioner Mr. D. Behuray, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, 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 connection with C.T. Case No.1412 of 2022, pending in the Court of the learned J.M.F.C., Chandikhole, arising out of Dharmasala P.S. Case No.512 of 2022, for commission of offences under Section 379/294/120-B/34 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Chandikhole, by order dated 20.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the basis of implication is on account of co-accused statement and the co-accused have since been released on bail by this Court by

order dated 29.09.2022 in BLAPL Nos.9281, 9282 & 9283 of 2022 and it is also stated that the petitioner is the first offender. 6.

Taking note of the release of the co-accused and the nature of allegations and the period of custody, 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.

7.

Accordingly, the BLAPL stands disposed of.

8.

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