In this bail application, the High Court refused to consider the plea as the matter was still under investigation, directing the petitioner to approach the lower court after the charge sheet is filed.
The petition was disposed of; the petitioner is at liberty to move the lower court after filing of the charge sheet.
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. 9716 of 2022
Manoranjan Mallik
…. Petitioner
Mr. A.K. Pandey, Advocate -versus-
State of Odisha
…. Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER 26.10.2022 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 G.R. Case No.563 of 2022, pending before the learned Additional District & Sessions Judge, Salipur, arising out of Mahanga P.S. Case No.153 of 2022, for alleged commission of offences under Sections 498A/304-B/302/34 of IPC read with Section 4 of D.P. Act. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District & Sessions Judge, Salipur, by order dated 26.09.2022 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
2 issues framed by the court
Whether the High Court should consider the bail application at the stage when the case was under investigation.
Whether the petitioner should be directed to approach the lower court only after the filing of the charge sheet.
3 provisions across 3 enactments
Manoranjan Mallik
V. NARASINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
