In a bail application under Section 363 IPC filed under POCSO Act, the High Court of Orissa granted liberty to the petitioner to renew his bail plea in the lower court after the charge sheet was filed, without deciding the merits of the original bail application.
Liberty granted to petitioner to approach the Court by renewing his bail plea.
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.2897 of 2024
Bedabyasha Putel
…. Petitioner
Mr. Jayadeba Behera, Advocate
-versus-
State of Odisha
…. Opp. Party Mr. J.P. Patra, ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order No.
02.
ORDER
20.08.2024
1 . The petitioner is an accused in connection with Belpada P.S. Case No.336 of 2023 corresponding to Special G.R. Case No.09 of 2024 for the offence punishable under Section 363 of the IPC pending in the Court of the learned Addl. District Judge-cumSpecial Judge (under POCSO Act), Balangir.
2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.
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3. The petitioner is aggrieved by the order dated 01.03.2024, whereby his bail application had been rejected by the Court below. Subsequent thereto, on 06.04.2024, the charge sheet was filed in the present case.
4. Since the bail plea of the petitioner was rejected during the period of investigation and subsequently the charge sheet was filed in the present case, liberty is granted to the petitioner to approach the Court below by renewing his bail plea.
5. With the aforementioned liberty, the BLAPL is disposed of.
(S.S. Mishra)
Judge
Subhasis
Signature Not Verified
Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 21-Aug-2024 11:50:36
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2 issues framed by the court
Whether the petitioner is granted liberty to renew his bail application before the lower court after the charge sheet was filed.
Whether any conditions need to be imposed on the liberty granted to approach the lower court.
1 provisions across 1 enactments
Bedabyasha Putel
State of Odisha
SIBO SANKAR MISHRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
