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Orissa High CourtBLAPL/8095/2021rejected

Sanjit Kumar Patel@ Sanjit Patel v. State Of Odisha

2022-03-17Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8095 of 2021 Sanjit Kumar Patel @ Sanjit Patel ....

Petitioner Mr. B. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

17.03.2022 04.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.595 of 2020 arising out of Kuchinda P.S. Case No.198 of 2020 pending in the Court of learned S.D.J.M., Kuchinda for offences punishable under sections 419/420/467/ 468/471/34 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned Additional Sessions Judge, Kuchinda, which was rejected on 04.09.2021. Learned counsel for the State obtained

// 2 // instruction as per the order dated 24.12.2021 on the submission made by the learned counsel for the petitioner that the informant Gobardhan Swain is dead is an incorrect statement and Gobardhan Swain appeared before the Inspector in-charge of Kuchinda police station and filed affidavit to that effect. It is a case where the petitioner was granted interim bail for a period of four months in BLAPL No.7941 of 2020 as per order dated 20.04.2021 and specific order was passed to take necessary steps for re-transfer of the lands in favour of the informants and also to pay the required stamp duty for such purpose and produce necessary documents before the learned S.D.J.M., Kuchinda in the event of which the interim bail would be extended till disposal of the trial. The petitioner has not taken any step in that respect while on interim bail.

In view of the non-compliance of the order of this Court, I am not inclined to release the petitioner on bail. Accordingly, the prayer for bail stands rejected.

Learned trial Court is directed to expedite the trial and conclude the same within a period of six months from the date of receipt of a copy of the order. The petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within the aforesaid period.

Accordingly, the BLAPL is disposed of.

// 3 // A copy of the order be communicated to the learned trial Court for compliance.

Issue urgent certified copy as per Rules.

RKM ( S.K. Sahoo) Judge