Sarbeswar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9630 of 2022 Sarbeswar Sahoo ....

Petitioner Mr. P.K. Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

14.11.2022 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 connection with G.R. Case No.497 of 2022, pending in the file of the learned S.D.J.M., Kamakhyanagar, arising out of Kankadahad P.S. Case No.94 of 2022, for alleged commission of offences under Sections 498A/306/406/34 of the IPC read with Section 4 of D.P. Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Kamakhyanagar, 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 petitioner that the petitioner is in custody since 08.07.2022 and charge-sheet has been filed inter alia under Section 306 of IPC, keeping in view the

role ascribed to the present petitioner, who is the brother-in-law, further continuance of the petitioner in custody is not warranted. 6.

It is borne out from the record that the present petitioner who was before this Court along with other co-accused in ABLAPL No.10344 of 2022 and it is further submitted that two of the coaccused persons similarly circumstanced have already been released on bail.

7.

Considering that charge-sheet has been filed on 06.09.2022 inter alia under Sections 498-A/306/406/34 of the IPC read with Section 4 of D.P. Act and the role ascribed to the petitioner, as borne out from the Case Diary, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

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