Himanshu Sekhar Naik @ Kuna v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7958 of 2022 Himanshu Sekhar Naiak @ Kuna ....

Petitioner Mr. B.S. Dasparida, Advocate -versusState of Orissa ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

05.09.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in G.R. Case No.279 of 2020 after commitment renumbered as S.T. Case No.49 of 2021 pending in the file of learned Sessions Judge, Nayagarh, arising out of Gania P.S. Case No.59 of 2020, offence under Sections 498(A)/302/304B/201/34 of IPC read with Section 4 of D.P. Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Nayagarh by order dated 26.04.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Taking into accused that trial has commenced, this Court is not inclined to entertain this bail application at this stage.

6.

Notwithstanding, the submission of the learned senior counsel for the petitioner that the basis of implication is only extra judicial confession and there is no other material to connect the petitioner with the alleged offence.

7.

Taking into account that the petitioner is in custody since 28.11.2020, 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 certified copy of this order. 8.

In the event of non-conclusion of the trial within the time stipulated, it shall be open to the petitioner to move this Court afresh.

9.

Accordingly, the BLAPL stands disposed of.

10.

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