Amrito @ Amrita Biswas v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4491 of 2020 Amrito @ Amrita Biswas & others ....

Petitioners Mr.A.K.Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr.K.Gaya, ASC

CORAM:

THE JUSTICE S. K. PANIGRAHI Order No.15

ORDER

08.02.2022

1. This matter is taken up by hybrid mode.

2. Pursuant to the order of this Court vide order dated 10th January,2022 the learned Sessions Judge, Malkangiri has submitted the report regarding the status of the trial in T.R. No.54 of 2020 pending in the court of learned Sessions Judge, Malkangiri. It has been stated therein that the present petitioner along with other accused persons had been apprehended on 05.06.2020 for the offences under Section 20(b)(ii)(C)/27-A of N.D.P.S.Act. Further, N.B.W. had been issued against Hema Sardar and Sukhen Mandal on 27.11.2020 because of the prayer made by the Investigating Officer. Cognizance was taken on 29.01.2021. Due to the non-apprehension of the absconded accused persons, the case has been split up against the accused Hema Sardar and Sukhen Mandal vide order dated 24.09.2021 and

// 2 // charge has been framed. Out of Twenty Three charge sheeted witnesses, only one witness has been examined by the prosecution. Now the case stands posted to 07.02.2022 for hearing.

3. In view of the above report, the gravity of the offence as well as punishment provided for the offence alleged, this Court is not inclined to allow the bail application of the petitioner. Accordingly, the BLAPL stands dismissed being devoid of merit.

4. However, learned Sessions Judge, Malkangiri is directed to complete the trial within a period of six months from today if there is no impediment. In case the trial could not be completed within the said period, the petitioner is at liberty to move for bail afresh.

5. Issue urgent certified copy of the order as per Rules. (S. K. Panigrahi) Judge LB

// 3 //