Nilakantha Hansa v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.4543 of 2022 Nilakantha Hansa ....

Petitioner Mr.B.B. Panda, Advocate -versusState of Odisha .... Opp.Party Mr.Debasis Biswal, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

16.09.2022 03.

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 under section 439 of Cr.P.C. in connection with E.I. & E.B., Unit-II Cuttack P.R. No. 131 of 2017 corresponding to 2(a) C.C. Case No. 17 of 2017 pending in the Court of learned Addl. Sessions Judge, Cuttack for offence punishable under section 20(b)(ii)(C) of the N.D.P.S. Act. Learned counsel for the State has produced the letter dated 03.08.2022 of the Psychiatrist, Circle Jail, Cuttack at Choudwar regarding the health condition of the petitioner, which reads as follows:-

// 2 // "UTP Nilakantha Hansa, S/o. Naresh Hansa is suffering from Depressive disorder. He is under my treatment with Anti-depressant. With treatment he has improved much. Presently, his sleep, food, speech, behavior, mood and daily routine activities are normal. He is apparently mentally healthy. He can stand trial before the Court. He has to continue the medicines. He is physically fit." The letter dated 03.08.2022 is taken on record. Perused the status report dated 06.09.2022 furnished by the learned trial Court from which it appears that after examination of the prosecution witnesses, the case was posted to 07.09.2022 for recording the accused statement.

In view of the progress of trial so far as per the status report furnished by the learned trial Court and the report of the jail medical officer, while not inclining to release the petitioner on bail, the learned trial Court is directed to conclude the trial by the end of November 2022. The petitioner is at liberty to renew the prayer for bail if the trial is not concluded by the said period. With the aforesaid observation, the BLAPL stands disposed of.

( S.K. Sahoo) Judge PKSahoo