Dokkari Kartik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.6999 of 2021 Dokkari Kartik ....

Petitioner Mr. T.K. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

17.03.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail under section 439 of Cr.P.C. in connection with Udit Nagar P.S. Case No.04 of 2017 corresponding to Special G.R. Case No.06 of 2017 pending in the Court of learned Addl. Sessions Judge -cum- Presiding Officer, Special Court (POCSO), Sundargarh for offences punishable under sections 376(2)(m) and 506 the Indian Penal Code, section 6 of POCSO Act and section 67 of the Information Technology Act.

// 2 // The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge -cum- Presiding Officer, Special Court (POCSO), Sundargarh vide order dated 02.08.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 16.01.2017 and trial has already commenced and only five witnesses have been examined as on 16.03.2021 and for the delayed trial, the petitioner was granted interim bail by this Court for two months in BLAPL No. 4230 of 2019 as per order dated 04.09.2019 and the learned trial Court has also granted interim bail on two occasions. He placed the victim's evidence and submitted that in view of the inordinate delay in disposal of the trial either the petitioner may be released on interim bail or the learned trial Court may be directed to conclude the trial within a specified time period.

Learned counsel for the State opposed the prayer for bail on the ground that the victim has supported the prosecution case.

Considering the submissions made by the learned counsel for the respective parties, at this stage, while not inclining to release the petitioner on bail, I direct the learned trial Court to take expedite steps to conclude the trial by the end of June 2022. The petitioner is at liberty to renew his prayer for bail if the trial is not concluded within the said period.

// 3 // The BLAPL is accordingly disposed of.

A copy of the order be communicated to the learned trial Court forthwith.

( S.K. Sahoo) Judge PKSahoo