RAKESH SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this revision the petitioner has challenged the legality and propriety of the order dated 4-10-2004 passed by the S.D.J.M., Bhubaneswar in G. R. Case No. 1049 of 2004, wherein he rejected the petition under Section 167(2) Cr. P.C. filed by the petitioner.

(2.) The case of the petitioner is that having been arrested on 5-6-2004 in Chandaka P.S. Case No. 23 of 2004 corresponding to the aforesaid G. R. Case for the offence under Sections 302/307/34 I.P.C. read with Secs. 25 and 27 of the Arms Act he was remanded to judicial custody on the next date. Even though, in the meantime the statutory period of 120 days expired on 3-4-2004 charge-sheet could not be submitted. On 4-10-2004 he filed the petition under Section 167 (2) Cr. P.C. for his release on bail.

(3.) Learned trial Court rejected the petition holding that in view of the nature of allegations made, he is not inclined to admit the accused-petitioner to bail. Being aggrieved with this order the petitioner has preferred the present Revision.