Samira Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7497 of 2022 Samira Behera ....

Petitioner Mr. P.K. Mishra, Advocate -versusState of Orissa ....

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

ORDER

25.08.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. 3.

The petitioner is an accused in Athagarh P.S. Case No.174 of 2020 corresponding to S.T. Case No.32 of 2021, pending in the Court of learned Additional Sessions Judge, Athagarh, under Sections 302 of IPC.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Athagarh, by order dated 13.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into account that trial has already commenced and the specific overt act as noticed by this Court, while considering the bail application of the co-accused Kalia @ kalandi @ Amarendra Behera by order dated 24.06.2022 in BLAPL No.2801 of 2022, this

Court is not inclined to entertain this bail application of the petitioner at this stage.

6.

Since the petitioner is stated to be in custody from 29.09.2020 and examination of nineteen witnesses so far, this Court calls upon the learned Court in seisin over the matter to conclude the trial within a period of three months from the date of receipt/production of the copy of this order. 7.

It shall be open to the petitioner to renew his prayer, in the event trial is not concluded within the time frame. 8.

Accordingly, the BLAPL stands disposed of.

9.

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