Saunti @ Sauntia Srinu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2201 of 2022 Saunti @ Sauntia Srinu ....

Petitioner Mr. B.R.Tripathy, Advocate -versusState of Odisha and another ....

Opposite Parties Mr. P.K.Maharaj, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

11.5.2022.

Order No.

01.

1. This matter is taken up through virtual mode.

2. Surrender Certificate has been filed in Court today. The same be kept on record.

3. Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

4. The Petitioner is in custody since 19th April, 2020 in connection with Gunupur P.S. Case No.70/2020 corresponding to T.R. Case No.24/2020 pending in the court of learned Addl.

// 2 // Sessions Judge-cum-Special Court, under POCSO Act, Rayagada for the alleged commission of the offence under Sections 376(3)/323/506/34 of I.P.C. read with Section 6 of the POCSO Act.

5. The Petitioner's application for bail was earlier rejected by this Court vide order dated 21st December, 2021 in BLAPL No.7508/2020 granting liberty to him to renew his prayer after examination of some material witnesses including the victim in the court below.

6. The present bail application has been filed even though trial has not yet begun. It is submitted by the Petitioner that charge has also not been framed as yet. Therefore, the Petitioner is forced to remain in custody without his bail application being considered.

7. Having regard to the submissions as above as also considering the fact that this Court had earlier rejected the application for bail on merits while not being inclined to allow the prayer for bail, this Court directs that the trial court shall conclude the trial as early as possible preferably within a period of four months from the date of communication of this order. It is shall be open to the Petitioner to renew his prayer after examination of the victim during trial, who is preferably examined at the first instance.

8. The BLAPL is, accordingly, disposed of.

// 3 //

9. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge