Trinath Mahanandia @ Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6928 of 2021 Trinath Mahanandia @ Naik ....

Petitioner Mr. B.R. Tripathy, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Nayak, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

10.02.2022 02.

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 C.T. Case No.26 of 2021 on the file of learned Sessions Judge, Rayagada for the commission of offences punishable under Sections 457/394, I.P.C. read with Sections 25 and 27 of the Arms Act.

5.

Learned counsel for the Petitioner submits that he does not want to press the bail application of the Petitioner at this stage. He further submits that a direction may be given to the learned court below to expedite the trial of the case.

6.

Considering the submissions and the materials placed before the Court, I am not inclined to release the Petitioner on bail at this stage. Accordingly, the bail application stands rejected.

// 2 // 7.

Learned counsel for the State, on the other hand, opposes the prayer for bail of the Petitioner and submits that eight criminal antecedents are available against the Petitioner and as such, the Petitioner may not be released on bail.

8.

Considering the submissions made by learned counsel for the Petitioner, this Court permits the Petitioner to withdraw the bail application of the Petitioner and further directs the trial court to expedite the trial and conclude the same as expeditiously as possible within a period of four months from the date of production of certified copy of this order. It is further clarifies that in the event trial is not concluded within the aforesaid time, it is open for the Petitioner to renew his prayer for bail again. 9.

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

10.

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

Jagabandhu ( A.K. Mohapatra ) Judge