Karan @ Karun Bag v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8065 of 2022 Karan @ Karun Bag ....
Petitioner Mr. S.K. Sahu, Advocate -versusState of Odisha ....
Opposite Party Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH
ORDER
13.10.2022 Order No.
03.
1.
This matter is taken up through hybrid mode.
2.
In spite of service of notice to the victim/informant on 08.10.2022, none appears when the matter is called. 3.
Heard learned counsel for the Petitioner and learned counsel for the State.
4.
The Petitioner is an accused in C.T. Case No.21 of 2021 pending in the file of learned Addl. Sessions Judge-cum-Special Court (under POCSO Act), Bargarh, arising out of Attabira P.S Case No.125 of 2021, for commission of offence under Sections 506/376-AB IPC and Section 6 of the POCSO Act and is in custody since 19.05.2021.
5.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned A.D.J.-cum-Special Court under POCSO Act, Bargarh by order dated 01.08.2022 in the aforementioned case, the present BLAPL has been filed.
6.
It is submitted by the learned counsel for the Petitioner, on instruction, that the trial of the aforesaid case has commenced though the victim is yet to be examined.
7.
Considering that the Petitioner is in custody since 19.05.2021, while not entertaining this bail application due to commencement of the trial, learned Court in seisin over the matter is requested to conclude the trial of the aforesaid case within a period of three months from the date of receipt/production of a copy of this order. In the event, the trial is not concluded within the time fixed, it is open to the Petitioner to renew his prayer before the learned Court in seisin over the matter which shall be considered the same on its own merit without being influenced by the earlier rejection or the order passed by this Court.
8.
Registry is requested to communicate this order to the learned Court in seisin over the matter.
9.
With the aforesaid order, this BLAPL stands disposed of. 10.
Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS