Single Judge Bench dismissed the bail petition. The State argued the charge sheet was filed after the trial Court rejected bail on 30.11.2023. The Judge refused bail but granted liberty to approach the trial Court.
Bail refused; liberty to approach the learned trial court at the first instance granted.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.629 of 2024
Tapan Kumar Pradhan & …. Petitioners others
Mr. S.K. Biswal, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. S.K. Mishra, ASC
CORAM:
JUSTICE SIBO SANKAR MISHRA
Order No.
1 . Heard.
ORDER
14.08.2024
2 . The petitioners are the accused in connection with Phiringia P.S. Case No.193 of 2023 registered under Sections 457/395/170/323/307/427 of the IPC read with Section 25-1-B)(a) of the Arms Act corresponding to C.T. Case No.839 of 2023 pending in the Court of learned Additional District & Sessions Judge-cum-Special Judge (Vigilance), Phulbani.
3 . Learned counsel for the State submits that when the investigation was going on, the bail plea of the petitioners has been rejected on 30.11.2023 by the learned trial Court. Subsequently, the police have filed the charge sheet on 29.02.2024.
4 . In view of the fact that the charge sheet has been filed subsequent to rejection of the bail plea of the petitioners, I am not inclined to enlarge the petitioners on bail. However, liberty is granted to the petitioners to approach the leaned trial Court at the first instance urging their plea.
(S.S. Mishra)
Judge
amit
Signature Not Verified
Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 14-Aug-2024 14:11:31
1 issue framed by the court
Whether bail should be granted to petitioners given the charge sheet was filed after the lower court rejected their bail plea.
2 provisions across 2 enactments
Tapan Kumar Pradhan & others
State of Odisha
Sibo Sankar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
