Tubula Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7681 of 2022 Tubula Naik ....

Petitioner Mr. J. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr. P.K. Rout, A.G.A.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.11.2022 04.

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 under Section 439 of the Code of Criminal Procedure filed by the petitioner for bail in connection with S.T. Case No.139 of 2019 corresponding to Sorada P.S. Case No.56 of 2019 pending before the learned Additional Sessions Judge, Bhanjanagar for alleged commission of offence under Sections 147/148/294/302/109149, I.P.C. read with Sections 25 and 27 of the Arms Act.

4.

It is submitted by learned counsel for the petitioner that earlier the petitioner had approached before this Court and they do not want to press the bail application and also this Court was pleased to direct the learned trial court for expeditious trial within a period of four months.

5.

After lapse of four months, the successive bail application has

// 2 // been filed by the petitioner for bail.

6.

It is submitted by learned counsel for the State that the trial of the case has been progressed substantially.

7.

Learned counsel for the petitioner does not want to press this application at this stage. However, he seeks a direction to the trial court to expedite trial and to conclude the same within a period of two months. Accordingly, the bail application is disposed of as not pressed.

5.

Further, learned trial court is directed to make endeavour to conclude the trial within a period of two months. In the event trial is not concluded within the aforesaid period from the date of production of certified copy of this order, it is open for the petitioner to renew his prayer for bail and in such event the bail application be considered without being influenced by any other factors. Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu