Dapu @ Don @ Bhabani Shankar Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9966 of 2022 Dapu @ Don @ Bhabani Shankar Sahu ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Patra, 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 connection with C.T. Case No.529 of 2022, pending in the Court of the learned S.D.J.M., Balasore, arising out of Chandipur P.S. Case No.56 of 2022, for alleged commission of offences under Section302/120(B)/34 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 cum Presiding Officer, Special Court (SC & ST), Balasore, by order dated 21.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

On perusal of the order of rejection, it is seen that since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to consider this bail application at this stage. 6.

It shall be open to the petitioner to move the learned Court below after filing of charge sheet, which shall be considered on its own merits.

7.

Accordingly, the BLAPL stands disposed of.

8.

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