Petitioner, accused under Section 302 IPC, filed bail application challenging rejection by Additional Sessions Judge. Court held bail should be considered by lower court after charge sheet filing, disposed of present BLAPL.
Petitioner directed to move the learned Court below after filing of charge sheet for consideration of bail on own merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 10203 of 2022
Chhatish Nayak
Petitioner
Mr. P. Panda, Advocate
-versus-
…. State of Orissa Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER 04.11.2022 Order No. 01. 1. This matter is taken up through hybrid mode. 2. Heard learned counsel for the petitioner and learned counsel for the State. 3. The petitioner is an accused in connection with S.T. Case No.41 of 2022 corresponding to G.R. Case No.193 of 2022, pending in the Court of learned Additional District & Sessions Judge, Champua, arising out of Baria P.S. Case No.64 of 2022, for alleged commission of offences under Section 302 of IPC. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Champua, by order dated 27.06.2022 in the aforementioned case, the present BLAPL has been filed. 5. Since the consideration by the learned Court in seisin over the matter was during the course of investigation, this Court is not inclined to consider this bail application at this stage.
Page 1 of 2
(V. NARASINGH)
Judge
Ayesha
Page 2 of 2
1 issue framed by the court
Whether this court should consider the bail application filed under Section 439 Cr.P.C. at a stage where consideration by the lower court was during investigation.
3 provisions across 3 enactments
Chhatish Nayak
State of Orissa
V. NARASINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
