Babuli Marandi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7715 of 2021 Babuli Marandi ....

Petitioner Mr. Abhijit Mohanty, Advocate

Versus

State of Odisha ....

Opposite Party Mr. K.K.Dash, ASC

CORAM:

JUSTICE SAVITRI RATHO

ORDER

23.09.2022 05.

(Through hybrid mode) Order No.

1.

Heard Mr.Abhijit Mohanty, learned counsel for the petitioner and Mr. K.K.Dash, learned Additional Standing Counsel. 2.

This application under Section 439 of Cr.P.C. has been filed for releasing the petitioner-Babuli Marandi, who is facing trial in S.T. Case No.20/76 of 2021 (arising out of Basta P.S. Case No.187 of 2012) in the Court of learned Assistant Sessions Judge (Special Track Court), Balasore for commission of offences punishable under Sections 376/417 of I.P.C.

3.

As the petitioner has been absconded almost 9 years for which the trial has been delayed, on 08.09.2022 while considering the application for bail, a report had been called for from the learned trial Court regarding present status of the trial.

4.

Report dated 15.09.2022 of the learned trial Court reveals that out of 14 charge sheeted witnesses, 13 witnesses have been examined including the victim/informant and on 05.05.2022, the statement of the

// 2 // accused has been recorded under Section 313 Cr.P.C. and the case was posted to 18.08.2022 for defence evidence, one defence witness has been examined on 06.09.2022 and the case was posted to 20.09.2022 for argument.

5.

Mr. Abhijit Mohanty, learned counsel for the petitioner submits that the petitioner does not want to press this application and files a memo to that effect. The memo be kept on record. 6.

Considering the above submission, the BLAPL is dismissed, as not pressed.

7.

Urgent certified copy of this order be granted on proper application.

.........................

Savitri Ratho Judge Bichi