Madhab Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9526 of 2022 Madhab Naik ....

Petitioner Mr. B.P. Chhualsingh, Advocate -versusState of Odisha ....

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

ORDER

24.11.2022 Order No.

02.

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.169 of 2020, pending in the file of learned J.M.F.C., Kabisuryanagar, arising out of Kabisuryanagar P.S. Case No.172 of 2020, for commission of alleged offences under Sections 409 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Kodala, Ganjam by order dated 25.08.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted that the occurrence relates to the order 2018 and belatedly the FIR was lodged 07.07.2020 and the petitioner is in custody since 10.08.2022. On instructions, the learned counsel

for the petitioner also submits that petitioner is not keeping in good health and requires medical treatment at regular intervals. 6.

Learned counsel for the State on the basis of order of rejection objects the prayer for bail, inter alia, on the ground that government money to the tune of Rs.3,29,980/- from the Post Office savings pass books have been embezzled by the petitioner. Hence, he ought not to be released on bail.

7.

Taking into account the period of custody and the nature of allegations, 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.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi