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Judgment
7 paragraphs · 304 wordsSavitri Ratho, J
This is the second application of the petitioner under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Sahadevkhunta P.S. Case No. 330 of 2023 corresponding to C.T. Case No. 665 of 2023 pending in the court of the learned S.D.J.M., Balasore, where chargesheet dated 04.11.2023 has been filed under Sections 379, 186, 120 (B) and 34 of IPC against the present petitioner, co-accused Mohan Pradhan, co-accused J. Chandu and Akshay Kumar Panda keeping further investigation open.
BLAPL No. 11479 of 2023 filed by the petitioner along with co-accused J. Chandu has been disposed of on 23.11.2023. While allowing the prayer for bail of the co-accused J. Chandu, the prayer for bail of the petitioner had been rejected considering that he has four criminal antecedents, out of which 3 involve offences under Section 392 of the IPC. He had been granted liberty to move for bail afresh if there was delay in commencement of the trial.
Mr. Arijeet Mishra, learned counsel for the petitioner submits that the petitioner is in custody since 14.09.2023 and it would be apparent from the order dated 03.01.2024 passed by the learned Sessions Judge, Balasore in BLAPL No. 227/1381 of 2023 that although the case was posted for framing of charge on 02.01.2024 but charge has not yet been framed.
There appears to be a typographical error in paragraph 3 of the order dated 05.02.2024. In place of ‘27.02.2024’, ‘02.02.2024’ has been typed. The said typographical error is corrected. The rest of the order dated 05.02.2024 shall remain unaltered. The corrected order be uploaded in the website.
List this matter on 13.03.2024. In the meanwhile, the Registry is directed to call for a report from the learned S.D.J.M., Balasore regarding present status of the trial.
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