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Orissa High CourtBLAPL/9585/2022allowed

Chaturbhuja Majhi v. State Of Odisha

2022-12-12Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9585 of 2022 Chaturbhuja Majhi ....

Petitioner Mr. A.K. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. M. Mishra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

12.12.2022 Order No.

02.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in G.R. Case No.818 of 2022, pending before the Court of the learned J.M.F.C., Chendipada, arising out of Chendipada P.S. Case No.422 of 2022, for commission of alleged offences under Sections 341/294/323/307/506 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Angul, by order dated 23.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioner is in custody since 12.09.2022 and since charge-sheet has been filed on 29.09.2022, further continuance of the petitioner in custody is unwarranted.

5.

Taking into account the nature of allegations and that the victim and the present petitioner are mother and son, this Court

directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

6.

To instill a sense of confidence in the injured/victim and keeping in view the criminal antecedents of the petitioner, it is additionally directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. 7.

Accordingly, the BLAPL stands disposed of.

8.

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