Biswamitra Rana @ Kala v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10678 of 2022 Biswamitra Rana @ Kala ....

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

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

ORDER

23.11.2022 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 C.T. Case No.19 of 2022, pending before the learned Court of the Sessions Judge -cum- Special Judge, Phulbani, arising out of Gochhapada P.S. Case No.42 of 2022, for alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Phulbani, by order dated 11.04.2022 in the aforementioned case, the present BLAPL has been filed.

5.

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.

The petitioner is at liberty to move the learned Court below after filing of charge sheet. The same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

7.

Accordingly, the BLAPL stands disposed of.

8.

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