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Orissa High CourtBLAPL/9732/2022allowed

Praphula Kumar Sahu @ Chinu v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9732 of 2022 Praphula Kumar Sahu @ Chinu ....

Petitioner Mr. H. Mohapatra, 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 G.R. Case No.25 of 2022, pending in the Court of the learned J.M.F.C., Jagannathprasad, arising out of Jagannathprasad P.S. Case No.323 of 2022, for alleged commission of offences under Section 341/294/323/307/506 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, Bhanjanagar, by order dated 23.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner relying on the injury report of the injured-informant Bulu Sahu that admittedly the injury suffered is simple in nature and it is further

submitted that the petitioner is in custody since 09.09.2022 and investigation has progressed substantially, hence further continuance of the petitioner in custody is unwarranted. 6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that during the currency of investigation, the petitioner ought not to be released on bail. 7.

Considering the nature of the injury suffered and period of custody, 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.

Additionally it is directed that the petitioner shall appear before the Investigating Officer once every week till submission of the final form. The date and time of such appearance shall be fixed by the learned Court in seisin over the matter. 9.

Accordingly, the BLAPL stands disposed of.

10.

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