Prabhat Yadav v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 863 OF 2021 Prabhat Yadav .........

Petitioner Mr. J.N. Panda, Adv.

-versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

07.03.2022 Order No.

07.

1.

This matter is taken up through Hybrid Mode.

2.

Being aggrieved by the order dtd. 21.01.2020 passed by the Learned Sessions Judge-cum-Special Judge, Koraput-Jeypore in T.R No.03 of 2020, rejecting the bail application of the petitioner along with two others, the present BLAPL has been filed.

3.

Heard Mr. J.N. Panda, learned counsel for the petitioner and Mr. K.K. Gaya, learned Additional Standing Counsel for the State.

4.

It is inter alia contended by the learned counsel for the petitioner that due to infraction of Section-42 (second) Proviso, this petition merits consideration by this Court more so as there is delay in conducting the trial.

5.

Taking into account the quantity of contraband Ganja recovered this Court is of the considered opinion that the Learned Court below would do well to expedite the trial and complete the same preferably within a period of eight months hence. It would be open to the petitioner to renew the prayer for bail. If the trial is not concluded within the said time frame and the reasons for not conclusion is not attributable to the petitioner. 6.

With such observation, this Bail Application stands disposed of .

7.

The Registry is called upon to send a copy of this order to the learned Trial Court.

8.

The BLAPL is accordingly disposed of.

7.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Judge Balaram