Rajesh Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6095 of 2019 Rajesh Naik ....

Petitioner Mr. A.Mishra, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

14.12.2022 11.

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 Dhenkanal Sadar P.S. Case No.250 of 2018 corresponding to C.T. (Special) (P) No.39 of 2018 pending in the Court of learned Special Judge (P), Dhenkanal for offences punishable under sections 366, 376(2)(i)(n) read with section 109 of the Indian Penal Code and sections 6 and 17 of the POCSO Act. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 24.06.2018 and out of twenty charge sheet witnesses, fourteen

// 2 // witnesses have been examined so far and in view of delayed disposal of trial, the learned trial Court may be directed to expedite the trial and conclude the same within a time stipulated.

Learned counsel for the State has no objection to such prayer.

Considering the submissions made by the learned counsel for the respective parties, while not inclining to release the petitioner on bail, but taking into account the period of detention of the petitioner in judicial custody, I direct learned trial Court to expedite the trial and conclude the same by the end of March 2023. The petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within the said period.

The BLAPL is accordingly disposed of.

A copy of the order be communicated to the learned trial Court for compliance.

( S.K. Sahoo) Judge PKSahoo