Jayant Moharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11045 of 2022 Jayanta Moharana and others ....

Petitioners Mr. S.K. Mishra, Advocate -versusState of Odisha ....

Opposite Party Mr. M. Mishra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

08.12.2022 Order No.

01.

1.

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

2.

Learned counsel for the petitioners is permitted to correct the descriptions of names of the petitioner No.1,2 and 3 in Court. 3.

The petitioners are accused in G.R. Case No.2833 of 2022, pending in the file of learned J.M.F.C. (R), Cuttack, arising out of Baranga P.S. Case No.281 of 2022, for commission of alleged offences under Sections 341/323/294/387/427/435/506/144/149 of IPC read with Section 25 and 27 of the Arms Act, 1959. 4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 3rd Additional Sessions Judge, Cuttack by order dated 03.11.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

Taking into account the nature of allegations and the age of the petitioners and as they are in custody since 26.10.2022, this Court directs the petitioners to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

As the learned counsel for the petitioners is not in a position to appraise the Court regarding the criminal antecedents of the petitioners, before releasing on bail learned court in seisin is called upon to verify assertion regarding criminal antecedent of the petitioners. If it comes to the fore that the petitioners are involved in offences of similar nature, this order shall stand recalled. 8.

Accordingly, the BLAPL stands disposed of.

9.

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

(V. NARASINGH) Judge Santoshi