Manga Mundari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.2442 of 2022 Manga Mundari ....

Petitioner Mr. B. Nayak, Advocate -versusState of Odisha ....

Opposite Party Mr. S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

04.4.2022.

Order No.

01.

1. This matter is taken up through virtual mode.

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

3. The Petitioner is in custody since 18th August, 2017 in connection with K.Balang P.S. Case No.46/2017 corresponding to S.T. Case No.67/2017 (arising out of G.R. Case No.444/217) pending in the court of learned Addl. Sessions Judge, Bonai for the alleged commission of the offence under Sections 450/302 of I.P.C.

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4. The allegation is that the Petitioner committed murder of the deceased, who is his cousin, by assaulting him with a wooden plank and iron rod. The occurrence is said to have been witnessed by the minor daughter of the deceased, who has stated vividly about it in her statement recorded under Section 161 of Cr.P.C.

5. Having regard to the existence of a strong prima facie case against the Petitioner, I am not inclined to allow the prayer for bail, which is therefore rejected. However, since this is a case of the year 2017 and trial is yet to commence, the trial court is directed to expedite the process of trial and try to conclude the same within a period of six months, failing which it shall be open to the Petitioner to renew his prayer for bail. (Sashikanta Mishra) AKB Judge