High CourtsSingle Bench

Basudev Pradhan vs State Of Odisha

Orissa High Court · Decided on 8 August 2023 · Citation: (2023) 08 OHC CK 0043

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 302 · Arms Act, 1959 — Section 25, 27
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1082 Of 2023
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Judgment

10 paragraphs · 230 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 Sessions Case No.47 of 2022, pending on the file of the learned Additional Sessions Judge, Patnagarh, arising out of Belpada P.S. Case No.52 of 2022, for commission of alleged offences under Sections 302/34 of IPC read with Sections 25/27 of Arms Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Patnagarh by order dated 19.01.2023 in the aforementioned case, the present BLAPL has been filed.

4.

This is the second journey of the petitioner to this Court.

5.

While rejecting the bail application by order dated 25.08.2022 in BLAPL No.7498 of 2022 in paragraph-8 thereof, this Court had specifically directed, on consideration of materials on record and considering the rival submission that the petitioner is at liberty to renew his prayer after examination of material witnesses.

6.

Admittedly, the examination of the witnesses have not commenced. Hence, this Court is not inclined to entertain the bail application at this stage in terms of the order passed earlier.

7.

Leave is granted to the petitioner to renew his prayer before the learned Court in seisin after examination of the material witnesses in terms of the earlier order.

8.

Accordingly, the BLAPL stands disposed of.

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