SANTOSH KUMAR SETHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) Learned Counsel for the petitioner files a memo in Court today indicating therein that in the meantime the-case has been committed to the Court of the learned Sessions Judge, Cuttack and numbered as S.T. Case No. 58 of 2015, which be kept on record. Heard learned Counsel for the petitioner and learned Counsel for the State on the petition under Section 439 Cr.P.C.

(2.) The petitioner, who is an accused in S.T. Case No. 58 of 2015 arising out of Cuttack Sadar P.S. Case No. 301 of 2014 is alleged to have committed offence under Section 498-A/494/302/201/34 of the I.P.C., pending in the Court of the learned Sessions Judge, Cuttack.

(3.) On behalf of the petitioner it is submitted that inspite of the fact that all the incriminating circumstances available against the present petitioner make out his involvement under Section 201 of the I.P.C. Learned Sessions Judge has rejected the petitioner's bail application even though the offence punishable under Section 201 of the I.P.C. is bailable Learned Counsel for the State fairly submits that the materials available in the case diary makes out a case under Section 201 of the I.P.C. and there is no iota of incriminating materials making out a case under Section 498-A/494/302 of the I.P.C. as against the present petitioner.