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Orissa High CourtBLAPL/9919/2022disposed off

Akshaya Sahoo v. State Of Odisha

2022-10-27Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9919 of 2022 Akshaya Sahoo ....

Petitioner Mr. S.S. Ray (2), Advocate -versusState of Odisha ....

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

ORDER

27.10.2022 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. 589 of 2022 pending on the file of learned J.M.F.C., Nimapara, arising out of Nimapara P.S. Case No.206 of 2022, for alleged commission of offences under Sections 302 IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Nimapara by order dated 29.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to entertain this bail application at this stage. 6.

It shall be open to the petitioner to move the learned Court in seisin over the matter after filing of charge sheet and same shall

be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court. 7.

Accordingly, the BLAPL stands disposed of.

8.

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