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Satyanarayan Naik vs State Of Odisha

Orissa High Court · Decided on 8 April 2024 · Citation: (2024) 04 OHC CK 0057

HON’BLE JUDGES
M.S. Sahoo, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 376, 506, 511 · Protection of Children from Sexual Offences Act, 2012 — Section 8
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1185 Of 2024
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Judgment

9 paragraphs · 361 words

M.S. Sahoo, J

1.

Under Section 439 of Cr.P.C. the BLAPL has been filed by the  petitioner  in  jail  custody  in  connection  with  Patnagarh  P.S. Case No. 54 of 2023 corresponding to Spl. G.R. Case No. No.25 of 2023  pending  in  the  court  of  the  learned  ADJ-cum-Spl.  Judge under (POCSO), Balangir for alleged commission of offence under   Sections 376/511/506 of IPC read with Section 8 of POCSO Act.

Since  the  earlier  BLAPL  No.6577  of  2023  filed  by  the petitioner was rejected  by this Bench  by order dated 05.10.2023, the  present  petition  has  been  placed  before  this  Bench  for consideration of renewed prayer for bail in terms of Standing Order No.2 of 2023 dated 21.05.2023.

2.

Learned counsel for the petitioner shall serve one extra copy on the learned Addl. Govt. Advocate to enable him to forward the same to  the  informant/victim  through  the  concerned  I.I.C./I.O.intimating that they have right of audience in the present proceeding. An extra copy of the petition shall also be filed in the Registry which shall be forwarded to the learned court in seisin of the matter to enable the office of the Court to forward the copy to the informant/victim informing them regarding the next date of listing as well as right of audience in the present proceeding.

3.

The learned Secretary, District Legal Services Authority shall take steps for providing legal aid to the informant/victim if they are unable to engage any counsel on their own in the present proceeding to place their version. Learned counsel if engaged by the legal aid, shall have the liberty to appear through nearby virtual court room of Orissa High Court.

4.

It is submitted by the learned counsel for the petitioner that after consideration of the earlier bail application by this Court certain prosecution witnesses have been examined and he wants to refer to the said depositions for which he shall file the copies of the depositions before this Court and also provide copies to the learned Addl. Govt. Advocate for his reference to render.

The learned Addl. Govt. Advocate shall obtain up-to-date instruction.

5.

As prayed for, list on 26th  April, 2024/when this Bench sits next.

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