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Orissa High CourtBLAPL/9845/2022disposed off

Jaga Mohapatra @ Jagannath Mishra v. State Of Odisha

2022-11-01Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9845 of 2022 Jaga Mohapatra @ Jagannath Mishra ....

Petitioners Mr. M.R. Mohapatra, Advocate -versusState of Odisha ....

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

ORDER

01.11.2022 Order No.

02.

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 T.R. Case No.6 of 2022, pending on the file of the learned Addl. Sessions Judge-cum-special Court under POCSO Act, Nayagarh, arising out of Nayagarh P.S. Case No.222 of 2021 for the alleged commission of offence under Section 376(a)/(b) IPC and Section 6/8 of the POCSO Act and is in custody since 29.10.2021. 4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. District & Sessions Judgecum-Special Court under POCSO Act, Nayagarh by order dated 29.08.2022, the present BLAPL has been filed. 5.

Perused the report submitted by the learned Addl. District & Sessions Judge-cum-Special Court under POCSO Act, Nayagarh

dated 27.10.2022. He has indicated in the report that case is likely to be disposed of by 15.12.2022.

6.

Taking into account such report, this Court is not inclined to entertain this bail application. It shall be open to the Petitioner to move before the learned Court in seisin over the matter for interim release on account of health condition of his mother, if so advised. 7.

Accordingly, the BLAPL stands rejected.

8.

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