K. Dadhichi Patra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11005 of 2022 K. Dadhichi Patra ....

Petitioner Mr. S.R. Mohapatra, 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 petitioner and learned counsel for the State.

2.

The petitioner is an accused in C.T. Case No.59 of 2022, pending in the file of learned Sessions Judge-cum-Special Judge, Phulbani, arising out of Gochhapada P.S. Case No.109 of 2022, for commission of alleged offences under Sections 20(b)(ii)(c) of the NDPS Act and is in custody since 05.09.2022.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge-cum-Special Judge, Phulbani by order dated 14.09.2022 in the aforementioned case, the present BLAPL has been filed.

4.

Taking into account the nature of allegations and role ascribed to the petitioner and since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to entertain this bail application at this stage.

5.

It shall be open to the petitioners to move the learned Court in seisin over the matter to seek interim release inter alia on the ground of medical emergency and same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

6.

Accordingly, the BLAPL stands disposed of.

7.

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