Jayadev Bariha v. State of Odisha
Case at a glance
- Bench
- V NARASINGH
Provisions considered
- Indian Penal Code, 1860 ss. 201, 302
- Code of Criminal Procedure, 1973 s. 439
Key paragraphs
- Para 77. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS
Judgment
Mr. D. Sethi, Advocate Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH ORDER 30.01.2023
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in C.T Case No.1146 of 2022 pending on the file of learned S.D.J.M., Bargarh arising out of Bargarh Town P.S. Case No.547 of 2022, for commission of alleged offence under Sections 302/201 IPC.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C by the learned Addl. Sessions Judge, Bargarh, by order dated 26.10.2022 in the aforementioned case, the present BLAPL has been filed.
Taking into account the nature of allegation and the role ascribed to the Petitioner and since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to entertain this bail application at this stage without having the assessment of materials on record by the learned Court in seisin.
It shall be open to the Petitioner to move the learned Court in seisin over the matter after filing of charge sheet and the same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.
Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.