Bhola @ Sk Nisar Ali @ Sk Nisar Ahamad v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5281 OF 2020 Bhola @ Sk. Nisar Ali @ Sk. Nisar Ahamad .........

Petitioner Mr. D.K.Sahoo, Adv.

-versusState of Odisha ............

Opposite Party Ms. S.Mishra, ASS

CORAM:

JUSTICE V. NARASINGH

ORDER

20.04.2022 Order No.

11.

1.

This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).

2.

Heard learned counsel for the parties.

3.

Learned counsel for the Petitioner seeks permission to with draw the present BLAPL with liberty to move this Court afresh at a later stage.

4.

It is stated by the learned counsel for the Petitioner that the accused is in custody since 13.06.2019. Though seven witnesses have been examined in the meanwhile, the matter is dragging on because of the laches of the prosecution in producing the witnesses for which the Petitioner is seriously prejudiced. 5.

Be that as it may, since the trial has already commenced and the accused is in custody since 2019 as stated, this Court directs the learned court below in seisin over the matter to expedite the trial and conclude the same within a period of seven

months from the date of receipt/production of the copy of this order .It shall be open to the Petitioner to renew his prayer for bail in the event trial is not concluded within the stipulated period and delay is not attributable to the Petitioner.

6.

The BLAPL is disposed of as withdrawn.

( V.Narasingh ) Dhal Judge