Prabhat Kumar Sahoo @ Prabhata Kumar Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10825 of 2022 Prabhat Kumar Sahoo @ Prabhata Kumar Sahu and another ....

Petitioners Mr. B.P. Pradhan, Advocate -versusState of Odisha ....

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

ORDER

28.11.2022 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.137 of 2022, pending on the file of learned J.M.F.C., Harabhanga, Dist- Boudh, arising out of Harabhanga P.S. Case No.52 of 2022, for commission of alleged offences under Section 498-A/304B/302/34 of IPC and is in custody since 01.07.2022.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned District & Sessions Judge, Boudh by order dated 25.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Since the consideration by the learned Court in seisin was prior to the filing of charge sheet, this Court is not inclined to entertain this bail application at this Stage.

6.

Liberty is granted to the petitioners to move before the learned Court in seisin post 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 the rules.

(V. NARASINGH) Judge Santoshi