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Orissa High CourtBLAPL/10392/2022allowed

Goura Chandra Naik v. State Of Odisha

2022-11-14Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10392 of 2022 Goura Chandra Naik ....

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

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

ORDER

14.11.2022 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 Sessions Case No.02 of 2015, pending in the Court of the learned Additional Sessions Judge, Patnagarh, arising out of Patnagarh P.S. Case No.94 of 2014, for alleged commission of offences under Sections 363/379/34 of the IPC.

4.

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

5.

It is submitted by the learned counsel for the petitioner that the petitioner was released on bail by this Court by order dated 26.08.2014 in BLAPL No.15233 of 2014.

6.

It is submitted that the petitioner was appearing before the Court in seisin over the matter in terms of the order passed by this Court, but due to supervening circumstances, he could not appear on 22.11.2021, for which NBW(A) was issued and pursuant to which he was arrested and taken into custody on 30.09.2022. 7.

Perused the order of rejection.

8.

Taking into account the recitals in the application and the submission of the learned counsel for the petitioner that the inability to appear on the date fixed before the learned Court in seisin was not intentional, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter. 9.

Since the petitioner has jumped the bail, it is directed that the petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin over the matter till conclusion of trial. 10.

Accordingly, the BLAPL stands disposed of.

11.

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