Anwar Khan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9531 of 2022 Anwar Khan ....

Petitioner Mr. S.K. Rout, Advocate -versusState of Odisha ....

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

ORDER

18.10.2022 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 T.R. Case No.37 of 2022 pending on the file of learned Additional Sessions Judge-cum-Special Judge, Koraput, arising out of Nandapur P.S. Case No.32 of 2022, for alleged commission of offences under Sections 20(b)(ii)(C)/29 of the NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge, Koraput by order dated 26.07.2022 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 entertain this bail application at this stage. 6.

It shall be open to the petitioner to seek interim release on account of illness of his wife after filing of charge sheet. The same

shall be considered learned Court in seisin over the matter on its own merit 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 Santoshi