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Orissa High CourtBLAPL/6235/2022disposed off

Mahesh Das v. State Of Odisha

2022-08-12Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6235 of 2022 Mahesh Das and another ....

Petitioners Mr. Satyanarayan Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

12.08.2022 01.

1.

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

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

This is an application under Section 439 of the Code of Criminal Procedure filed by the petitioners for bail in connection with 2(a) CC Case No.10 of 2021 corresponding to P.R. Case No.151/2021/of 2020 E<I & E<B Unit-2 Cuttack pending before the learned Sessions Judge-cum-Special Judge, Cuttack for alleged commission of offence under Sections 20(b)(ii)(C) of N.D.P.S. Act. 4.

It is submitted by learned counsel for the petitioners that earlier the petitioners had approached before this Court and they do not want to press the bail application and also this Court was pleased to direct the learned trial court for expeditious trial within a period of four months.

5.

After lapse of four months, the successive bail application has been filed by the petitioners for bail.

// 2 // 6.

It is submitted by learned counsel for the State that the trial of the case has been progressed substantially.

7.

Learned counsel for the petitioners does not want to press this application at this stage. However, he seeks a direction to the trial court to expedite trial and to conclude the same within a period of three months. Accordingly, the bail application is disposed of as not pressed.

5.

Further, learned trial court is directed to make endeavour to conclude the trial within a period of three months. In the event trial is not concluded within the aforesaid period from the date of production of certified copy of this order, it is open for the petitioners to renew their prayer for bail and in such event the bail application be considered without being influenced by any other factors. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu