Md Sahban @ Chand v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9666 of 2022 MD Sahban @ Chand ....

Petitioner Mr. D.K. Sahu, Advocate -versusState of Odisha ....

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

ORDER

28.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in connection with C.T. Case No.2221 of 2022, pending in the Court of the learned S.D.J.M., Jharsuguda, arising out of Lakhanpur P.S. Case No.183 of 2022, for alleged commission of offences under Sections 294/323/307/506 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Jharsuguda, by order dated 22.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the petitioner is in custody since 26.08.2022 and since charge-sheet has already

been filed and the victim recovered, further continuance of the petitioner in custody is unwarranted.

6.

Learned counsel for the State opposes the prayer for bail referring to the criminal antecedents of the petitioner. 7.

Taking into account the nature of injuries in the case at hand (multiple abrasions), 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.

Additionally, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin over the matter till conclusion of trial.

9.

Accordingly, the BLAPL stands disposed of.

10.

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