Sk.Hasim Bux v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 3160 OF 2021 Sk. Hasim Bux .........

Petitioner Mr. S.K. Sahoo, Advocate -versusState of Odisha ............

Opposite Party Mr. K.K. Gaya, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

24.06.2022 Order No.

10.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioner is an accused in connection with T.R. Case No. 412 of 2020 arising out of S.T.F. Bhubaneswar P.S. Case No. 27 of 2020, pending on the file of the learned District & Sessions Judge, Khurda for the alleged commission of offence under Sections-21(c)/29 of the N.D.P.S., Act.

3.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Dist. & Sessions Judge,(K) at Bhubaneswar by Order dtd. 25.03.2021 in T.R. No.412 of 2020, the present BLAPL has been filed.

4.

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

5.

Learned counsel for the petitioner relying on the statement of the Executive Magistrate examined as P.W.1 seeks

release since inter alia on the ground of infraction of statutory provision.

6.

Since, trial has commenced, this Court is not inclined to entertain this application at this stage. The learned Court in seisin over the matter is called upon to conclude the trial within a period of three months hence.

7.

It shall be open to the petitioner to approach this Court in the event the trial is not concluded within the time stipulated and the delay is not attributable to him.

8.

The Bail Application thus stands disposed of. 9.

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