Bhuba Majhi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11002 of 2022 Bhuba Majhi and another ....

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

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

ORDER

07.12.2022 Order No.

01.

1.

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

2.

The petitioners are accused in 2(a) CC Case No.9 of 2022, pending in the file of learned S.D.J.M., Patnagarh, arising out of O.R. Case No.203H of 2022-23, for commission of alleged offences under Sections 51(1)(1A) of the Wild Life Protection Act, 1972 and is in custody since 22.10.2022.

3.

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

4.

Taking into account the nature of allegations and that the petitioners are the first offenders and considering the progress in the investigation, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

5.

While enlarging the petitioners on bail, the learned court below shall verify assertion regarding criminal antecedent of the petitioners. If it comes to the fore that the petitioners have any criminal antecedents of similar nature, this order shall stand recalled.

6.

Accordingly, the BLAPL stands disposed of.

7.

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