Aju Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7302 of 2022 Aju Mallick ....

Petitioner Ms. Monika Samal, Advocate -versusState of Odisha ....

Opposite Party Mr. Karunakar Gaya, ASC Mr. K. Mohanty, Advocate, (Informant) CORAM: JUSTICE V. NARASINGH

ORDER

13.10.2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The Petitioner is an accused in G.R. Case No.122 of 2021 pending in the file of learned ADJ-cum-Special Court under POCSO Act, Cuttack, arising out of Madhupatna P.S. Case No.219 of for commission of offence under Sections 363/376(2)(n)/376(3) IPC and Section 6 of the POCSO Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the ADJ-cum-Special Court under POCSO Act, Cuttack by order dated 21.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Considering the statement of the victim recorded under Section 164 Cr.P.C., this Court is not inclined to entertain the bail application of the Petitioner at this stage.

6.

As the Petitioner is in custody since 21.09.2021, 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 a copy of this order.

7.

In the event, the trial is not concluded within the time stipulated, it shall be open to the Petitioner to renew his prayer before the learned Court in seisin over the matter, which shall be considered on its own merit without being influenced by the earlier rejection or the order passed by this Court.

8.

With the aforesaid order, this BLAPL stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS