Basanta Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2362 of 2022 Basanta Biswal ....

Petitioner Mr.A.N. Pattnaik, Advocate -versusState of Odisha ....

Opp. Party Mr.Arupananda Das, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

24.06.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail under section 439 of Cr.P.C. in connection with Baisinga P.S. Case No.250 of 2019 corresponding to S.T. Case No.106 of 2021 pending in the Court of learned Asst. Sessions Judge, Baripada for offences punishable under sections 395, 397, 307, 353, 332, 326(A) the Indian Penal Code and sections 25 and 27 of the Arms Act. The prayer for bail of the petitioner was rejected by the learned Asst. Sessions Judge, Baripada vide order dated 23.02.2022.

Learned counsel for the petitioner submitted that the last bail application of the petitioner and others in BLAPL No.2746

// 2 // of 2020 has been rejected as per order dated 04.11.2020 and the learned trial Court was directed to expedite the trial and the petitioner along with others was given liberty to renew their prayer for bail after examination of the material witnesses. Learned counsel further submitted that the petitioner is in judicial custody since 30.11.2020 and in the meantime out of twenty three charge sheet witnesses, thirteen witnesses have been examined and therefore, direction may be given to the learned trial Court to expedite the trial and conclude the same within a specified period.

Learned counsel for the State has no objection to such prayer.

Considering the submissions made by the learned counsel for the respective parties, while not inclining to release the petitioner on bail, I direct the learned trial Court to conclude the trial within a period of four months from the date of receipt of a copy of the order. The petitioner is at liberty to renew his prayer for bail if the trial is not concluded within the said period.

The BLAPL is accordingly disposed of.

A copy of the order be communicated to the learned trial Court forthwith.

( S.K. Sahoo) Judge PKSahoo