Pratap Kumar Biswal @ Pratap Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9022 of 2022 Pratap Kumar Biswal @ Pratap Biswal ....

Petitioner Mr. U.C. Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

05.12.2022 Order No.

01.

1.

Heard learned counsel for the Petitioner and learned counsel for the State.

2.

The Petitioner is an accused in Special (NDPS) Case No.82 of 2020 pending on the file of learned Addl. Sessions Judgecum-Special Judge, Bhadrak, arising out of Basudevpur P.S. Case No.267 of 2020 for commission of the alleged offence under Section 20(b)(ii)(C) of the NDPS Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Bhadrak by order dated 30.08.2022 in the aforementioned case, the present BLAPL has been filed.

4.

Since the trial has already started, this Court is not inclined to entertain the bail application at this stage.

5.

Taking into account that the Petitioner is in custody for more than two years, learned Court in seisin is called upon to expedite the trial and conclude the same within the period of three months from the date of receipt/production of the copy of this order. 6.

In the event the trial is not concluded within the time stipulated, it shall be open to the Petitioner to renew his prayer before the learned Court in seisin over the matter, which shall be considered on its own merit without being influenced by the earlier rejection or the order passed by this Court.

7.

Registry is requested to communicate this order to the learned Court in seisin over the matter.

8.

With the aforesaid order, this BLAPL stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge PKS