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Bhabani Shankar Panigrahi Vs State of Odisha — Bail and Remand | Orissa HC (2022)

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Orissa HC
2022
Bhabani Shankar Panigrahi Vs State of OdishaBhabani Shankar Panigrahi v. State of Odisha

Disposed

Bhabani Shankar Panigrahi v. State of Odisha

Orissa HC27 Jul 2022BLAPL/6388/2022

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the disposition of the Bail Application by the Additional District & Sessions Judge, ordering the petitioner to move the Court below for fresh consideration after the charge-sheet is filed.

What did the court decide?

Application dismissed on condition that the petitioner moves the Court below after filing of charge-sheet for fresh consideration.

What the court decided

AI extract

Outcome

Application dismissed on condition that the petitioner moves the Court below after filing of charge-sheet for fresh consideration.

Issue for consideration

Whether the Bail Application filed under Section 439 Cr.P.C. should be disposed of pending the charge-sheet.

Detailed headnote1 paragraphs

The Court disposed of the Bail Application pending the filing of the charge-sheet. The petitioner is directed to move the Court below after the charge-sheet is filed, which shall be considered on merits without being influenced by the earlier rejection or this Order.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6388 OF 2022

Bhabani Shankar Panigrahi

……… Petitioner Mr. B.K. Ragada , Advocate

-versus-

State of Odisha

...……… Opposite Party Mr. K.K. Gaya, ASC

CORAM: JUSTICE V. NARASINGH

ORDER 27.07.2022

Order No.

This matter is taken up through Hybrid Mode.

Heard learned counsel for the petitioner and learned Counsel for the State.

The petitioner is an accused in connection with C.T. Case No. 136 of 2022 arising out of Komna P.S. Case No. 136 of 2022, pending on the file of the learned GNA-cum-J.M.F.C., Komna for the alleged commission of offence under Sections376/302/201/120-B of the I.P.C.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned District & Sessions Judge, Nuapada by Order dtd. 04.07.2022 in BLAPL No. 68 of 2022, the present BLAPL has been filed.

The consideration by the learned Court in seisin over the matter was during the course of investigation.

Page 1 of 2

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.

The Bail Application thus stands disposed of.

Urgent certified copy of this order be granted as per rule.

Balaram

( V.Narasingh )
Judge

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Bail Application filed under Section 439 Cr.P.C. should be disposed of pending the charge-sheet.

Statutes considered

2 provisions across 2 enactments

AI extract

Cr.P.C.439
I.P.C.none

Parties & counsel

AI extract

petitioner
Bhabani Shankar Panigrahi
respondent
State of Odisha

Coram

AI extract

V. Narasingh

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 27 Jul 2022 · July
Registered: 8 Jul 2022
Case no.: BLAPL/6388/2022
CNR: ODHC010436262022
Topic: Bail and Remand
Bench: V. Narasingh
Disposal: Disposed Off

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Cite this judgement

Bhabani Shankar Panigrahi v. State of Odisha, BLAPL/6388/2022 (OD), decided on 27 July 2022.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Cr.P.C.439
I.P.C.none

View all statutes

Bench / Coram

V. Narasingh

Parties & counsel