Brundaban Rana Vs State Of Orissa

Savitri Ratho, J

This application under Section 439 of Cr.P.C. has been filed in connection with Balasore Sadar P.S. Case No.323 of 2023 corresponding to C.T. Case No.628 of 2023, pending in the file of the learned J.M.F.C.(City), Balasore registered under Sections 392 of IPC.

The prayer for bail of the petitioner has been rejected vide order dated 26.12.2023 passed by the learned Sessions Judge, Balasore in Bail Application No. 1391 of 2023 while investigation was in progress. It has been mentioned in the rejection order that the petitoner has 15 criminal antecedents which are of involve offences under Sections 392/394 of IPC.

Mr. Dibyajyoti Sahoo, learned counsel for the petitioner submits that the petitioner is a cancer patient and is in custody since 21.11.2023. He has been granted bail in 8 of cases by this Court and in

5 cases by the learned court below and apart from this case, another Bail Application is pending for disposal before this Court. But documents in support of illness of the petitioner have not been annexed to this application.

Perusal of the impugned order reveals that it has not been brought to the notice of the learned court below that the petitioner is a cancer patient and is undergoing treatment.

Considering the fact that the investigation is in progress and number of criminal antecedents of the petitioner, I am not inclined to release the petitioner on bail at this stage for which the BLAPL is dismissed.

In view of the submission that the petitioner is a cancer patient and is undergoing treatment, liberty is granted to the petitioner to move the learned court below for bail afresh along with supporting documents. If such application is filed, the prayer for bail shall be sympathetically considered.

Urgent certified copy of this order be granted on proper application.

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