High CourtsSingle Bench

Manu Duria vs State Of Odisha

Orissa High Court · Decided on 25 January 2023 · Citation: (2023) 01 OHC CK 0140

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 147, 148, 149, 307, 363, 506
RESULT
Disposed Of
CASE NUMBER
Bail Application No.377 Of 2023
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Judgment

9 paragraphs · 216 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in G.R. Case No.831 of 2021 pending on the file of learned J.M.F.C., Semiliguda, arising out of Sunabeda P.S. Case No.160 of 2021, for commission of alleged offence under Sections 147/148/307/506/363/149 IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C by the learned Addl. Sessions Judge, Koraput, by order dated 03.11.2023 in the aforementioned case, the present BLAPL has been filed.

4.

Taking into account the nature of allegation and the role ascribed to the Petitioner and since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to entertain this bail application at this stage without having the assessment of materials on record by the learned Court in seisin.

5.

It shall be open to the Petitioner to move the learned Court in seisin over the matter after filing of charge sheet and the same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

6.

Accordingly, the BLAPL stands disposed of.

7.

Urgent certified copy of this order be granted as per rule.

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