N. RABIN Vs. STATE OF ODISHA

JUDGEMENT

(1.) This is the second application of the petitioner under Sec. 439 of Cr.P.C. for grant of bail to the petitioner in connection with Sahadevkhunta P.S. Case No. 330 of 2023 corresponding to C.T. Case No. 665 of 2023 pending in the court of the learned S.D.J.M., Balasore, where chargesheet dtd. 4/11/2023 has been filed under Ss. 379, 186, 120 (B) and 34 of IPC against the present petitioner, co-accused Mohan Pradhan, co-accused J. Chandu and Akshay Kumar Panda keeping further investigation open.

(2.) BLAPL No. 11479 of 2023 filed by the petitioner along with co-accused J. Chandu has been disposed of on 23/11/2023. While allowing the prayer for bail of the co-accused J. Chandu, the prayer for bail of the petitioner had been rejected considering that he has four criminal antecedents, out of which 3 involve offences under Sec. 392 of the IPC. He had been granted liberty to move for bail afresh if there was delay in commencement of the trial.

(3.) Mr. Arijeet Mishra, learned counsel for the petitioner submits that the petitioner is in custody since 14/9/2023 and it would be apparent from the order dtd. 3/1/2024 passed by the learned Sessions Judge, Balasore in BLAPL No. 227/1381 of 2023 that although the case was posted for framing of charge on 2/1/2024 but charge has not yet been framed.