Orissa High Court
Sarbeswar Biswal @ Bhalia vs State Of Odisha .... Opposite Party on 18 April, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 11515 of 2022
Sarbeswar Biswal @ Bhalia .... Petitioner
Mr. S.K. Dalai, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.K. Maharaj, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
18.04.2023 Order No.
06. 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.59 of 2022, pending on the file of the learned J.M.F.C., Khandapada, arising out of Khandapada P.S. Case No.61 of 2022, for alleged commission of offences under Sections 395/397 of IPC.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Nayagarh, by order dated 02.11.2022 in the aforementioned case, the present BLAPL has been filed.
4. It is stated by the learned counsel for the petitioner that the petitioner has been remanded in the case at hand on 02.09.2022 and it is submitted that there are no materials to connect him with the alleged crime. Hence, as charge sheet has been filed on 26.12.2022, his further continuance in custody is not warranted.
5. Learned counsel for the State on the basis of recitals in the Case Diary submits, relying on the statement of the CSW No.1- Page 1 of 2 complainant that an amount of Rs.31,371/- was transferred to the account of the petitioner and that the petitioner is an accused being involved in Nayagarh P.S. Case No.77 of 2020 under Sections 498- A/506/34 of IPC and Case No.153 of 2022 under Sections 302/34 of IPC, which turned to Sections 396/397/34 of IPC read with Section 27 of Arms Act.
6. Considering the statement of the informant and subsequent transfer of the amount and the criminal antecedents as noted, this Court is not inclined to entertain this bail application at this stage.
7. Accordingly, the BLAPL stands disposed of.
8. Urgent certified copy of this order be granted as per rule.
(V. NARASINGH) Judge Ayesha Page 2 of 2