Orissa High Court
Jagabandhu Naik & Another vs State Of Odisha .... Opposite Party on 6 March, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1535 of 2023
Jagabandhu Naik & another .... Petitioners
Mr. S.K. Mahanty, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
06.03.2023 Order No.
01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.
2. The Petitioners accused in G.R. Case No.90 of 2023 pending on the file of learned J.M.F.C, Aska, arising out of Gangapur P.S. Case No.35 of 2023 for commission of the offence alleged under Sections 272/273/34 IPC and Section 52(a) of the Orissa Excise Act.
3. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Aska by order dated 30.01.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that the Petitioners, who are husband and wife duo, are in custody since 19.01.2023 on the accusation of possessing adulterated I.D liquor of 400 litres and Page 1 of 2 1000 litres of fermented molasses and other apparatus meant for preparation of I.D liquor.
5. It is further submitted that since investigation has progressed substantially, the Petitioners may be released on bail.
6. Learned counsel for the State opposes the prayer during currency of investigation.
7. Taking into account the substantial progress in investigation and the age of the Petitioners, 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. Keeping in view the criminal antecedent of the Petitioners, additionally, it is directed that they shall appear before the jurisdictional police station as and when summoned till submission of final form.
9. Accordingly, 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