Bhuban Saunta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10231 of 2022 Bhuban Saunta ....

Petitioner None -versusState of Odisha ....

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

ORDER

09.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

None appears for the petitioner when the matter is called. 3.

The petitioner is an accused in T.R. Case No.11 of 2022, pending in the file of learned Sessions Judge-cum-Special Judge, Rayagada arising out of P.R. Case No.29 of 2022-23 of S.I. of Excise, District of Mobile Unit Rayagada, for alleged commission of offence under Sections 20(b)(ii)(c) of NDPS Act and is in custody since 23.04.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Rayagada by order dated 07.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

This Court had occasion to peruse the order of rejection. 6.

It is clearly borne out that the consideration by the learned Court below was during investigation.

7.

Taking into account the same, this Court is not inclined to entertain this bail application at this stage. Thus the same stands rejected.

8.

It shall be open to the petitioner to move the learned Court in seisin over the matter after filing of final form and same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

9.

Accordingly, the BLAPL stands disposed of.

10.

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