Dusasan Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9532 of 2022 Dusasan Swain & Others ....

Petitioners Mr. K. Nayak, Advocate -versusState of Odisha ....

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

ORDER

19.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioners and learned Additional Standing Counsel for the State.

3.

The petitioners are accused in connection with C.T. Case No.561 of 2022, pending in the Court of learned J.M.F.C., Jajpur Road, arising out of Korei P.S. Case No.126 of 2022, for commission of offences under Section 498(A)/306/304(B)/406/34 of IPC read with Section 4 of D.P. Act.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Jajpur Road, by order dated 21.09.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioners that the petitioners are the in-laws and they are in custody since 03.05.2022 and as charge-sheet has been filed on 29.08.2022 inter

alia under Section 306 of the IPC, further continuance of the petitioners in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail considering that the F.I.R. was registered inter alia under Section 302 of IPC and allied Sections and after investigation charge-sheet has been filed under Section 306 of IPC.

7.

Taking into account the role ascribed to the petitioners who are the in-laws, this Court directs the petitioners to be released on bail. Learned Court in seisin over the matter shall fix the terms so as to ensure the presence of the petitioners on each date of trial. 8.

Accordingly, the BLAPL stands disposed of.

9.

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