Mahendra Kisan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10719 of 2022 Mahendra Kisan and others ....

Petitioners Mr. S. Tibrewal, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, 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 C.T. Case No.2075 of 2022, pending in the file of learned S.D.J.M., Jharsuguda arising out of Jharsuguda P.S. Case No.457 of 2022, for commission of alleged offences under Sections 341/294/323/506/34 of IPC. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Jharsuguda by order dated 30.09.2022 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 entertain this bail application at this stage. 6.

It shall be open to the petitioners to move the learned Court in seisin over the matter after filing of charge sheet and 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 rules. (V. NARASINGH) Judge Santoshi