Maheswar Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10926 of 2022 Maheswar Mallik ....

Petitioner Mr. B. Mahapatra , Advocate -versusState of Odisha ....

Opposite Party Mr. S. Patra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

19.12.2022 Order No.

02.

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in connection with C.T. Case No.2016 of 2022, pending in the Court of the learned S.D.J.M., Jajpur, arising out of Binjharpur P.S. Case No.526 of 2022, for commission of alleged offences under Sections 376(2)(n)/379/294/354/323/506/34 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned District and Sessions Judge, Jajpur, by order dated 01.11.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel for the petitioner that petitioner is in custody since 08.09.2022 and charge sheet has already been filed on 23.11.2022, further continuance of the petitioner in custody is not warranted.

5.

Perused the 164 Cr.P.C. statement of the victim. 6.

Considering the tenor thereof and taking into account the filing of charge sheet and period of custody, 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.

7.

Accordingly, the BLAPL stands disposed of.

8.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge Santoshi