Md.Shahwaj Ansari v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7626 of 2019 Md. Shahwaj Ansari ....

Petitioner Mr. Rajib Lochan Pattnaik, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

14.09.2022 Order No.

11.

1.

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

2.

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

3.

This is an application for bail filed by the Petitioner under Section 439, Cr.P.C. in connection with Jeypore Town P.S. Case No.102 of 2019 corresponding to T.R. Case No.23 of 2019 pending in the Court of learned Sessions Judge-cum-Special Judge, KoraputJeypore, involving offence punishable under Sections 20(b)(ii)(c) & 25 of the N.D.P.S. Act.

4.

Learned counsel for the Petitioner does not press this bail application at this stage with seeking liberty for the Petitioner to file bail application afresh in the event trial is not concluded within the stipulated period to be fixed by this Court.

5.

Considering such submission and further considering the fact that the Petitioner is in custody since 25.05.2019 and a period of

// 2 // more than three years have already elapsed in the meantime, it is directed that the learned Sessions Judge-cum-Special Judge, Koraput-Jeypore shall take all possible steps to conclude the trial of the aforesaid T.R. case as expeditiously as possible, preferably within three months from today. In the event, trial is not concluded within the aforesaid stipulated period, the Petitioner is at liberty to move his bail application afresh, and the same shall be considered and disposed of by the learned trial court on its own merit in accordance with law.

6.

With the aforesaid observation and direction, this BLAPL is disposed of.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida