Hirak Kumar Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10046 of 2022 Hirak Kumar Parida ....

Petitioner Mr. S. Dash, Advocate -versusState of Odisha ....

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

ORDER

28.11.2022 Order No.

03.

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 G.R. Case No.1068 of 2022 pending on the file of learned S.D.J.M., Angul, arising out of Angul Town P.S. Case No.395 of 2022, for commission of offence under Sections 420/120-B IPC.

4.

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

5.

It is submitted by the learned counsel for the Petitioner that the Petitioner is in custody since 23.07.2022 and as charge sheet has been filed on 06.09.2022, his further continuance in custody is not warranted.

6.

Learned counsel for the State opposes the prayer for bail. 7.

It is apt to note that during pendency of the bail application, the Petitioner without prejudice to his rights has paid an amount of Rs.7 lakhs to the Informant. An affidavit evidencing the same is taken on record.

8.

Taking into account the payment as made without prejudice to the rights of the Petitioner-accused, 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.

9.

Accordingly, the BLAPL stands disposed of.

10.

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