Bishra@ Pakul Samad@ Birsa Samad v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7119 of 2021 Bishra @ Pakul Samad @ Birsa Samad ....

Petitioner Mr. P.K. Parida, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

07.03.2022 Order No.

03.

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 Cr.P.C. filed by the Petitioner for bail in connection with Khuntuni P.S. Case No.145 of 2020, corresponding to Spl. G.R. Case No.107 of 2020, pending in the file of learned A.D.J.-cum-Special Judge under POSCO Act, Cuttack, for commission of alleged offences under Sections 366/376(2)(n)(3) of I.P.C. r/w. Section 6 of POCSO Act. Perused the Case Diary, F.I.R. and Statement of the victim girl recorded under Section 164 Cr.P.C.

4.

During course of hearing, learned counsel for the Petitioner seeks withdrawal of the bail application at this stage with liberty to

// 2 // file fresh bail application in the event the trial is not concluded within the stipulated period of time.

5.

Considering the aforesaid submission of learned counsel for the Petitioner, this Court disposes of the bail application as withdrawn with liberty to the Petitioner to file a fresh bail application in the event trial of the case is not concluded within a period of four months from the date of production of certified copy of this order.

6.

With the aforesaid observation, the bail application stands disposed of as withdrawn with liberty as prayed for. 7.

Issue urgent certified copy as per rules.

.

(A.K. Mohapatra) Judge U.K.Sahoo