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Orissa High CourtBLAPL/11102/2022allowed

Swadhin Panigrahi v. State Of Odisha

2022-12-13Mr. Justice V. Narasingh2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 11102 of 2022 Swadhin Panigrahi ....

Petitioner Mr. A. Mishra, Advocate -versusState of Orissa ....

Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

13.12.2022 Order No.

01.

1.

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

2.

The petitioner is an accused in G.R. Case No.963 of 2022, pending in the file of the learned S.D.J.M., Jeypore, arising out of Jeypore Town P.S. Case No.234 of 2022, for commission of alleged offences under Sections 394/294/323/506/34 of IPC. 3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Koraput-Jeypore, by order dated 03.11.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioner is in custody since 11.10.2022 and since there has been substantial progress in investigation, further continuance of the petitioner in custody is unwarranted.

5.

Learned counsel for the State opposes the prayer for bail relying on the order of rejection and submits that the petitioner has criminal antecedents. Hence, he ought not to be released on bail during the currency of the investigation.

6.

Taking into account the nature of allegations, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

7.

Keeping in view the criminal antecedents of the petitioner, it is additionally directed that the petitioner shall appear before the jurisdictional police station once every week till conclusion of trial. 8.

Accordingly, the BLAPL stands disposed of.

9.

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