High CourtsSingle Bench

Banka @ Jayabanta Bhue vs State Of Odisha

Orissa High Court · Decided on 4 September 2023 · Citation: (2023) 09 OHC CK 0022

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 302
RESULT
Disposed Of
CASE NUMBER
Bail Application No.1140 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

8 paragraphs · 212 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in connection with C.T. Case No.1621 of 2022 pending on the file of learned S.D.J.M., Bargarh arising out of Bhatli P.S. Case No.269 of 2022 for commission of the alleged offence under Sections 302/34 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Additional Sessions Judge, Bargarh by order dated 20.01.2023 in the aforementioned case, the present bail application has been filed.

4.

Since the consideration by the learned Court in seisin was during the course of investigation, this Court is not inclined to consider this bail application without having the benefit of consideration of materials qua the accusation relating to the Petitioner by the learned Court in seisin, post charge sheet.

5.

Leave is granted to the petitioner to renew his prayer before the learned Court in seisin after filing of charge sheet. While doing so, it is open for the petitioner to bring to the notice of the learned Court in seisin that in the meanwhile co-accused persons have been released on bail which shall be given its due weightage.

6.

Accordingly, the BLAPL stands disposed of.

………………………………