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Judgment
12 paragraphs · 331 wordsV. Narasingh, J
Heard learned Senior Counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with C.T. Case No.1596 of 2022, pending on the file of the learned S.D.J.M., Jajpur, arising out of Bari-Ramachandrapur P.S. Case No.225 of 2022, for commission of alleged offences under Sections 341/294/307/506/324/326/34 of IPC and Sections 25/27 of Arms Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jajpur by order dated 19.01.2024 in the aforementioned case, the present BLAPL has been filed.
This Court by order dated 04.08.2023 in BLAPL No.7031 of 2023 rejected the bail application of the Petitioner taking into account the health condition of the victim which was noted in paragraph-6 of the said order.
It is submitted by the learned Senior Counsel on instruction that with efflux of time the victim has improved and in view of the period of incarceration of the Petitioner and considering the nature of allegation, the bail application of the Petitioner be considered favourably.
On instruction, it is submitted by the learned Senior Counsel for the Petitioner that the victim is staying at Bhubaneswar and is undergoing rehab.
Taking into account such submission, this Court calls upon the DLSA, Khurda to produce the victim-Smruti Ranjan Mallik before a Special Medical Board of the Capital Hospital, Bhubaneswar. Such Board is requested to examine the victim-injured.
The injured-victim shall be produced before the Medical Board on 21.02.2024 for examination about 11:30A.M. and report of the Medical Board shall be submitted to this Court in a sealed cover on or before 26.02.2024.
List this matter on 27.02.2024.
Copy of this order be made over to the learned counsel for the State and also be sent to the learned District Judge for compliance. And, the Director, Capital Hospital, Bhubaneswar with a request to constitute the Board as above on the scheduled date.
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