Orissa High Court
Kunchal China & Others vs State Of Odisha .... Opposite Party on 1 December, 2022
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10070 of 2022
Kunchal China & others .... Petitioners
Mr. B.B. Routray, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Pattnaik, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
01.12.2022 Order No.
02. 1. This matter is taken up through hybrid mode.
2. Heard learned counsel for the Petitioners and learned counsel for the State.
3. The Petitioners accused in C.T. Case No.2719 of 2022 pending on the file of learned J.M.F.C., Bhubaneswar, arising out of Kharvel Nagar P.S Case No.135 of 2022 for commission of offence under Sections 379/34 IPC.
4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned 3rd Addl. Sessions Judge, Bhubaneswar by order dated 08.09.2022 in the aforementioned case, the present BLAPL has been filed.
5. It is submitted that the Petitioners are in custody since 24.06.2022 and remanded in the case at hand on 16.07.2022 and the charge sheet stated to have been filed on 19.07.2022.
Page 1 of 26. Learned counsel for the Petitioners submits that the Petitioners have been arrayed as accused on account of criminal proclivity and since charge sheet has already been filed, keeping in view the nature of allegation, their further continuance in custody is not warranted.
7. Taking into account the nature of allegation and filing of the charge sheet, as noted, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.
8. Additionally, it is directed that the Petitioners shall appear before the jurisdictional police station of the learned Court in seisin once every week till conclusion of trial.
9. The BLAPL stands disposed of.
10. Urgent certified copy of this order be granted as per the rules.
(V. NARASINGH) Judge PKS Page 2 of 2