Ganesh Mirdha v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.7833 of 2021 Ganesh Mirdha ....

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

Opposite Party Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

23.02.2022 02.

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. Perused the F.I.R., Case Diary and other relevant documents.

3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The Petitioner is an accused in S.T. Case No.12 of 2021 corresponding to C.T. Case No.101(c) of 2006 arising out of Deogarh P.S. Case No.18 of 2006 pending in the court of learned Additional Sessions Judge, Deogarh for commission of offence punishable under Sections 121/121-A/122/124-A, I.P.C. read with Section 25 of the Arms Act.

5.

Learned counsel for the Petitioner seeks permission to withdraw the present bail application with liberty to move a fresh bail application before the court below in the event the trial is not concluded within a stipulated time.

// 2 // 6.

Learned counsel for the Petitioner further submits that Petitioner is in custody since 10.03.2021.

7.

Considering the submissions and the materials available on record, the Petitioner is permitted to withdraw the bail application and the same is accordingly disposed of as withdrawn. 8.

However, learned trial court shall make endeavour to dispose of the case as expeditiously as possible preferably within a period of four months from today.

9.

It is further directed that in the event the trial court fails to conclude the trial within the aforesaid period of time, the Petitioner is given liberty to file a fresh bail application. 10.

With the aforesaid observation, the bail application stands disposed of.

11.

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

Jagabandhu ( A.K. Mohapatra ) Judge