Makuru Purty v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9491 of 2022 Makuru Purty ....

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

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

ORDER

17.10.2022 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.452 of 2022, pending in the Court of learned S.D.J.M., Udala, arising out of Sarat P.S. Case No.41 of 2022, for offences under Sections 498-A/306/304-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, Udala, by order dated 16.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel for the petitioner submits that chargesheet have been filed under Section 306/304-B of IPC, further continuance of the petitioner, who is the husband in custody is not warranted.

6.

Learned counsel for the State on instruction submits that preliminary charge-sheet has been filed under Section 302 of IPC keeping the investigation open under Section of 173(8) of Cr.P.C. 7.

Taking note of the filing of preliminary charge-sheet, this Court is not inclined to consider the bail application at this stage. 8.

It shall be open to the petitioner to renew his prayer, if the further investigation is not concluded within a period of three months from today.

9.

Copy of this order be made over to the learned counsel for the State for doing the needful.

10.

Accordingly, the BLAPL stands disposed of.

(V. NARASINGH) Judge Ayesha