Gobinda Karali v. Mr. K.K. Gaya, ASC
Case at a glance
Provisions considered
- Indian Penal Code, 1860 ss. 34, 294, 307, 323, 450, 506
- Code of Criminal Procedure, 1973 s. 439
Key paragraphs
- Para 1010. Accordingly, this BLAPL stands disposed of. (V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Aug-2023 19:56:29
Judgment
Mr. S.K. Dash, Advocate -versus- …. Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH ORDER 01.08.2023 Order No.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is an accused in connection with C.T. Case No. 532 of 2023, pending before the Court of the learned J.M.F.C.- I(Cognizance Taking) Jharsuguda, arising out of Brajarajnagar P.S. Case No. 149 of 2023 for alleged commission of offences under Sections 450/294/323/307/506/34 of I.P.C..
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jharsuguda, by order dated 10.07.2023 in the aforementioned case, the present BLAPL has been filed.
It is on record that the present petitioner went to the parental home of the injured- his wife and assaulted her.
It is submitted by learned counsel for the Petitioner that injury suffered simple in nature and as charge sheet has already been filed on 16.07.2023, the Petitioner may be released on bail.
Learned counsel for the State opposes the prayer for bail, the manner in which the Petitioner try to assault his wife and also keeping in view the criminal proclivity of the Petitioner, as reflected in the order of rejection.
On perusal of the criminal antecedent, it is seen one of the case in which cited as an accused is Brajarajnagar P.S. Case No. 112, u/S-498(A)/323/294/34 of IPC/4 D.P. Act.
Taking note of such accusation, this Court is not inclined to entertain this bail application at this stage.
Giving liberty to the Petitioner to renew his prayer at a later stage.
Accordingly, this BLAPL stands disposed of. (V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 02-Aug-2023 19:56:29
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.