KSHETRABASI ALIAS LUNGUDI MOHANTY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition has been filed by the petitioners under Article 227 of the Constitution of India challenging correctness of the order dated 12.11.2010 passed by the learned Addl. Sessions Judge, Khurda in BLAPL No.248 of 2010 cancelling the bail granted to them on 12.7.2010.

(2.) The facts leading to the present case are as follows:

(3.) The petitioners filed their objection to the said application categorically stating that after the bail applications were rejected, they filed a bail application along with medical certificate dated 30.6.2010 before the learned SDJM, Khurda who rejected the said bail application on 6.7.2010. Thereafter, BLAPL No.212 of 2010 was filed before the learned Addl. Sessions Judge who after considering the merits of the case and on the ground that in BLAPL Nos. ] 6891 and 6086 of 2010 the High Court observed that on surrendering the petitioners shall be released on bail in an application under Section 438 Cr.P.C. However, in BLAPL Nos. 9310 and 9311 of 2010 while rejecting the bail application under Section 439 Cr.P.C. This Court observed that the petitioners assaulted the deceased with the gas. Thereafter, the petitioners moved the bail application with medical grounds which was considered on merits and the bail was granted on merit by the learned Addl. Sessions Judge.