← Library
Orissa High CourtBLAPL/9954/2022allowed

Dasarathi Mishra v. State Of Odisha

2022-10-28Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9954 of 2022 Dasarathi Mishra ....

Petitioner Mr. A. Mohanty, Advocate -versusState of Odisha ....

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

ORDER

28.10.2022 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 2(a)CC Case No.288 of 2022 pending in the file of learned S.D.J.M, Champua, arising out of P.R. Case No.46 of 2022-2023, for commission of the alleged offence under Section 52(a)(i)/55 of the Odisha Excise Act and is in custody since 28.09.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Champua by order dated 30.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Taking note of the nature of allegation and keeping in view the age of the Petitioner and the punishment prescribed, 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.

Additionally, it is directed that the Petitioner shall appear before the I.O. once every two weeks till submission of 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 PKS