Rajendra Goud v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8033 of 2022 Rajenda Goud ....

Petitioner Mr. J. Panda, Advocate -versusState of Orissa ....

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

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

22.12.2022 Order No.

01.

1. This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.294/323/302/34, I.P.C.

2. Heard Mr. J. Panda, learned counsel for the Petitioner as well as Mr. K. Das, learned A.S.C. for the State-Opposite Party.

3. It is submitted on behalf of the Petitioner that he is inside custody since last 5 years and in the meantime all key witnesses have been examined. It is further submitted that the evidence of the alleged eye-witnesses, i.e., Golapi and Bhumisuta are never inspiring confidence to opine them as eye-witnesses.

4. After hearing Mr. K.Das, learned Additional Standing Counsel for the State-Opposite Party and perusal of the evidence of P.W.10 (Golapi) as well as P.W.7 (Bhumisuta), I do not find any merit in the contention of Mr. J. Panda, learned counsel for the Petitioner.

5. Upon perusal of the evidences of those eye-witnesses and considering the circumstances of the case, I am not inclined to release the Petitioner on bail. Accordingly, the prayer for bail is rejected.

6. The BLAPL is dismissed.

7. However, considering the delay in completion of trial, learned trial court is directed to complete the same on or before 31st May, 2023 and report compliance.

8. A copy of this order be communicated to the learned trial court without delay.

( B.P. Routray) Judge B.K. Barik