Orissa High Court
Ashok Gopal vs State Of Odisha .... Opposite Party on 4 May, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 4848 of 2023
Ashok Gopal .... Petitioner
Mr. S.N. Mishra-4, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. K.K. Gaya, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
04.05.2023 Order No.
01. 1. Heard learned counsel for the petitioner and learned counsel for the State.
2. The petitioner is an accused in connection with C.T. Case No.40 of 2023, pending before the Court of the learned J.M.C.C., Junagarh, arising out of Junagarh P.S. Case No.40 of 2023 for alleged commission of offences under Sections 302/34 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, Dharamagarh , by order dated 14.03.2023 in the aforementioned case, the present BLAPL has been filed.
4. Taking into account the nature of allegation and the role ascribed to the petitioner and since the consideration by the learned Court in seisin was during the course of investigation, this Court is not inclined to consider this bail application without having the benefit of consideration of materials qua the accusation relating to the petitioner by the learned Court in seisin, post charge sheet.
Page 1 of 25. The petitioner is at liberty to move the learned Court below after filing of charge sheet. The same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.
6. Accordingly, the BLAPL stands disposed of.
7. Urgent certified copy of this order be granted as per rules.
(V. NARASINGH) Judge Santoshi SANTOSHI Digitally signed by SANTOSHI LENKA LENKA Date: 2023.05.08 10:48:21 +05'30' Page 2 of 2