Manoj Chhatria v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9677 of 2022 Manoj Chhatria ....

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

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

ORDER

21.10.2022 Order No.

01.

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 accused in connection with G.R. Case No.451 of 2022, pending in the Court of learned S.D.J.M., Kuchinda, arising out of Jamankira P.S. Case No.80 of 2022, for commission of offences under Section 380/457 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, Kuchinda, 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 25.07.2022 and charge-sheet has already been filed on 28.08.2022, hence further continuance of the petitioner in custody is unwarranted.

6.

Such submission is opposed by the learned counsel for the State inter alia on the ground that the petitioner is a habitual offender inasmuch as he has eleven cases of similar nature. 7.

Considering the nature of allegation in the case at hand and the punishment prescribed, 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 twice every week 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