Binod Kumar@ Mekesh Kumar v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1864 of 2022 Binod Kumar @ Mekesh Kumar ....
Petitioner Mr. Soura Chandra Mohapatra, Sr. Advocate -versusState of Odisha ....
Opposite Party Mr. M.K. Mohanty, A.S.C.
CORAM:
JUSTICE A.K.MOHAPATRA
ORDER
14.09.2022 Order No.
01.
1.
This matter is taken up through Hybrid Arrangement (Virtual / Physical Mode).
2.
Heard Mr. S.C. Mohapatra, learned Senior Advocate appearing for the Petitioner and Mr. M.K. Mohanty, learned Addl. Standing Counsel for the State.
3.
This is an application for bail filed by the Petitioner under Section 439, Cr.P.C. in connection with Chitrakonda P.S. Case No.118 of 2020 corresponding to T.R. Case No.132 of 2020 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri, involving offence punishable under Sections 20(b)(ii)(c), 25 & 29 of the N.D.P.S. Act.
4.
Learned Senior Counsel for the Petitioner does not press this bail application at this stage with liberty for the Petitioner to file bail application afresh in the event trial is not concluded within the stipulated period to be fixed by this Court.
// 2 // 5.
Considering such submission and further considering the fact that the Petitioner is in custody since 23.10.2020 and a period of almost two years have elapsed in the meantime, it is directed that the learned Sessions Judge-cum-Special Judge, Malkangiri shall take all possible steps to conclude the trial of the aforesaid T.R. case as expeditiously as possible, preferably within three months from the date of production of a certified copy of this order. In the event, trial is not concluded within the aforesaid stipulated period, the Petitioner is at liberty to move his bail application afresh, and the same shall be considered and disposed of by the learned trial court on its own merit in accordance with law.
6.
With the aforesaid observation and direction, this BLAPL is disposed of.
7.
Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida