Papu @ Bhanjakishore Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10934 of 2022 Papu @ Bhanjakishore Sahoo & Another ....

Petitioners Ms. R. Dash, Advocate -versusState of Orissa ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

05.12.2022 Order No.

01.

1.

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

2.

The petitioners are accused in connection with G.R. Case No.734 of 2022, pending in the Court of the learned JMFC, Aul, Kendrapada, arising out of Aul P.S. Case No.406 of 2022, for alleged commission of offences under Sections 294/385/307/324/323/506/34 of IPC.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Assistant Sessions Judge, Pattamundai, by order dated 31.10.2022 in the aforementioned case, the present BLAPL has been filed.

4.

Perused the order of rejection.

5.

It is submitted by the learned counsel that the petitioners are in custody since 16.10.2022.

6.

It is submitted, relying on the injury report of the three injured which is taken on record that since the injured have suffered simple injuries, further continuance of the petitioners in custody is unwarranted.

7.

It is further submitted on instruction that the petitioners are the first offender.

8.

Considering the submission and the injuries suffered, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter. 9.

While releasing the petitioners on bail, the learned Court in seisin over the matter shall verify assertion regarding criminal antecedents of similar nature. If it comes to the fore that the petitioners have such criminal antecedent, this order shall stand recalled.

10.

Accordingly, the BLAPL stands disposed of.

11.

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