Umudi Krishna Rao v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6679 of 2022 Umudi Krishna Rao ....

Petitioner Mr. J.K. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

21.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is an accused in connection with Special G.R. Case No.25 of 2021, pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri, arising out of Mathili P.S. Case No.23 of 2021, for alleged commission of offences under Section 20(b)(ii)(C) of NDPS Act.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Special Judge, Malkangiri, by order dated 10.02.2021 in the aforementioned case, the present BLAPL has been filed.

5.

Considering that the petitioner is in custody since 09.02.2021 and the basis of implication, this Court is not inclined

to consider the bail application of the petitioner in view of the bar under Section 37 of the NDPS Act.

6.

Since the petitioner is in custody for more than 11⁄2 years, learned Court in seisin over the matter is called upon to conclude the trial within a period of three months from the date of receipt/production of the copy of this order. 7.

On non conclusion of the trial within the time stipulated, it shall be open to the petitioner to move the learned Court in seisin afresh, which shall be considered on its own merits. 8.

Registry is requested to communicate this order. 9.

Accordingly, the BLAPL stands disposed of.

(V. NARASINGH) Judge Ayesha