K.Koteswar Rao@Rubea v. State Of Orissa

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4003 of 2017 K. Koteswar Rao @ Rubea .....

Petitioner Mr. N.K. Sahu, Advocate Vs.

State of Odisha .....

Opposite Party Mr. S.N. Nayak, ASC

CORAM:

DR. JUSTICE B.R. SARANGI

ORDER

17.11.2022 Order No.

20.

This matter is taken up through hybrid mode.

2.

Heard Mr. N.K. Sahu, learned counsel for the petitioner and Mr. S.N. Nayak, learned Additional Standing Counsel for the State. 3.

This application has been filed under Section 439 Cr.P.C. for release of the petitioner on bail in connection with S.T. Case No. 02/2012 arising out of G.R. Case No. 407 of 2009 and Baidyanathpur P.S. Case No. 61 of 2009 pending in the file of learned 3rd Addl. District and Sessions Judge, Berhampur.

4.

Mr. S.N. Nayak, learned Additional Standing Counsel contended that in compliance to the order of this Court dated 31.10.2022, he has received instructions that out of 25 P.Ws, 21 have already been examined and the date has been fixed to 01.12.2022 for examination of the I.O.

5.

Mr. N.K. Sahu, learned counsel for the petitioner contended that the petitioner is languishing in custody for more than 12 years, and as such, he may be released on bail.

6.

Having heard learned counsel for the parties and after going through the record and keeping in view the period of custody undergone by the petitioner, this Court directs that in the interest of justice, equity and fair play the petitioner be released on bail in connection with the above noted case, on such terms and conditions, as would be deemed fit and proper by the trial Court. 7.

The BLAPL is accordingly disposed of.

Arun (DR. B.R. SARANGI, J.)