Ganesh Kumar Hotta v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10901 of 2022 Ganesh Kumar Hotta ....
Petitioner Mr. J. Sahoo, Advocate -versusState of Odisha ....
Opposite Party Mr. M. Mishra, ASC CORAM: JUSTICE V. NARASINGH
ORDER
29.11.2022 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 G.R. Case No.1022 of 2022 pending on the file of learned S.D.J.M., Berhampur, arising out of Gosaninuagaon P.S. Case No.80 of 2022, for commission of offence under Sections 406/419/420 IPC.
4.
Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned 2nd Addl. Sessions Judge, Berhampur by order dated 27.10.2022 in the aforementioned case, the present BLAPL has been filed.
5.
Perused the order of rejection.
6.
It is submitted by the learned counsel that the Petitioner is in custody since 26.05.2022 and as charge sheet has been filed on
22.07.2022, his further continuance in custody is not warranted. The charge sheet filed in Court today be kept on record. 7.
Learned counsel for the State opposes the prayer for bail on the ground that the Petitioner has criminal antecedent. 8.
Taking into account the nature of allegation and filing of the charge sheet, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin over the matter.
9.
To allay the legitimate concern expressed by the learned Public Prosecutor, this Court directs that the Petitioner shall appear before the jurisdictional police station of the Court in seisin over the matter once every week till conclusion of trial. The first date and time to be fixed by the learned Court in seisin over the matter. Certification of such appearance shall be submitted to the learned Court in seisin over the matter.
10.
Accordingly, the BLAPL stands disposed of.
11.
Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS