Orissa High Court
Banamali Mukhi vs State Of Odisha .... Opposite Party on 28 February, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 13158 of 2022
Banamali Mukhi .... Petitioner
Mr. A.S. Paul, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
28.02.2023 Order No.
03. 1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is an accused in connection with G.R. Case No.1207 of 2022, pending in the Court of the learned S.D.J.M., Athamallik arising out of Athamallik P.S. Case No.284 of 2022, for alleged commission of offences under Sections 147/148/341/294/506/323/307/332/336/353/427/149 of IPC read with Section 7 Crl. L.A. Act and 3 of PP (PD) Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athmallik, by order dated 26.12.2022 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the petitioner is in custody since 21.12.2022 and as charge sheet has already been filed on 10.02.2023, he may be released on bail.
Page 1 of 25. Learned counsel for the State opposes the prayer for bail inter alia on the ground that the petitioner assaulted police officers and prevented them from discharging their duty. Hence, no leniency ought to be shown.
6. Considering the nature of injuries suffered by the police personnel, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.
7. Accordingly, the BLAPL stands disposed of.
8. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge Santoshi Page 2 of 2