Arjun Jani v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9719 of 2022 Arjun Jani ....

Petitioner Mr. L. Sahu, Advocate -versusState of Odisha ....

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

ORDER

01.12.2022 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.1242 of 2022 pending on the file of learned S.D.J.M., Balangir, arising out of Balangir Town P.S. Case No.421 of 2022, for commission of offence under Sections 341/294/323/324/506/34 IPC. 3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Vigilance, Balangir by order dated 15.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that Petitioner is in custody since 23.08.2022 and the charge sheet has been filed since 29.09.2022 and it is submitted that there was case and counter case and in the altercation without any premeditation the injury has been caused and the Petitioner had also suffered injuries.

5.

On instruction it is stated that the injured in the meanwhile has recovered and leading a normal life and since the Petitioner is the first offender, his case may be considered liberally. 6.

Taking into account the filing of the charge sheet, as noted above, 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.

7.

While releasing on bail, learned Court in seisin shall verify the criminal antecedent of the Petitioner of similar nature. If the Petitioner has such antecedent, this order shall stand recalled. 8.

The BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge PKS