Hari Munda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6503 of 2021 Hari Munda ....

Petitioner Mr. D.K. Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

14.02.2022 03.

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. Perused the record as well as F.I.R. 3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The Petitioner is an accused in S.T. Case No.03 of 2015 arising out of G.R. Case No.546 of 2014 corresponding to Mohilipali P.S. Case No.99 of 2014 pending in the court of learned Additional District and Sessions Judge, Kuchinda for the commission of offence punishable under Sections 302/34, I.P.C.

5.

Learned counsel for the Petitioner submits that in the meantime, most of the witnesses have examined in the case but, the trial of the case has not been concluded as yet. 6.

Learned counsel for the State submits that the trial of the case has progressed substantially.

7.

Considering the submissions and the materials available on

// 2 // record, I am not inclined to grant the benefit of bail to the Petitioner. Accordingly, the bail application stands rejected. 8.

Since it is submitted by learned counsel for the Petitioner that most of the witnesses have already been examined in the case, learned trial court would do well to dispose of the case as expeditiously as possible preferably within a period of four months from today.

9.

It is further directed that in the event the trial is not concluded within the stipulated period of time, the Petitioner is given liberty to file a fresh bail application.

10.

With the aforesaid observation, the bail application stands disposed of.

11.

Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra ) Judge