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Orissa High CourtBLAPL/9706/2022allowed

Bigini Sahoo v. State Of Odisha

2022-10-26Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9706 of 2022 Bigini Sahoo ....

Petitioner Mr. P. Beura, Advocate -versusState of Odisha ....

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

ORDER

26.10.2022 Order No.

01.

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 2(a) CC Case No.753 of 2022, pending before the learned J.M.F.C. (R), Cuttack, arising out of P.R. No.111 of 2022-23 of Mobile Unit I, Cuttack, for alleged commission of offences under Section 52 (a) (i) of Odisha Excise Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge-cumSpecial Judge (Vigilance), Cuttack, by order dated 28.09.2022 in the aforementioned case, the present BLAPL has been filed. 5.

Taking into account that the petitioner is in custody since 16.09.2022 and keeping in view the nature of allegations and the punishment prescribed, this Court directs the petitioner to be

released on bail on such terms to be fixed by the Court in seisin over the matter.

6.

While releasing the petitioner on bail, the learned court in seisin over the matter shall verify criminal antecedent of the petitioner. If it comes to the fore that the petitioner has any criminal antecedent, this order shall stand recalled.

7.

Additionally it is directed that the petitioner shall appear before the Investigating Officer once every week till submission of the final P.R.

8.

Accordingly, the BLAPL stands disposed of.

9.

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