Rohit Sethi @ Rohit Kumar Sethi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10695 of 2022 Rohit Sethi @ Rohit Kumar Sethi & Another ....

Petitioners Mr. J. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, 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 petitioners and learned counsel for the State.

3.

The petitioners are accused in connection with 2(a) CC Case No.131 of 2022, pending in the file of the learned S.D.J.M., Chatrapur, arising out of P.S. Case No.67 of 2022-23, for alleged commission of offences under Section 52(a) Odisha Excise Act. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Chatrapur, Ganjam, by order dated 15.10.2022 in the aforementioned case, the present BLAPL has been filed. 5.

It is submitted by the learned counsel for the petitioners that the petitioners are in custody since 29.09.2022 and on instructions submits that final P.R. has been filed in the meanwhile,

hence further continuance of the petitioner in custody is unwarranted.

6.

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

Taking into account the nature of allegations and considering the submission of final P.R., this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

While releasing the petitioners on bail, the learned Court below shall verify assertion regarding criminal antecedent of similar nature, of the petitioners. If it comes to the fore that the petitioners have any such criminal antecedent, this order shall stand recalled without any further reference to this Court.

9.

Accordingly, the BLAPL stands disposed of.

10.

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