Mamuli @ Sujit Sahu v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9431 of 2022 Mamuli @ Sujit Sahu ....

Petitioner Mr. S. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH

ORDER

28.11.2022 Order No.

04.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The petitioner is an accused in connection with C.T.(SS) Case No.30 of 2021, pending in the Court of the learned Additional Sessions Judge, Dhenkanal, arising out of Rasol P.S. Case No.07 of 2020 corresponding to G.R. Case No.31 of 2020. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Dhenkanal, by order dated 06.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the petitioner is in custody for more than three years and though trial is continuing, only 3 out of 27 witnesses have been examined, hence there is no chance of early conclusion of trial. Hence, the petitioner may be

released on bail more so on the ground that the charge-sheet has been filed under Section 498-A/304-B/306/201/406/34 of IPC read with Section 4 of D.P. Act.

6.

Learned counsel for the State opposes the prayer for bail. 7.

Considering the lingering of the trial, this Court directs the petitioner to be released on bail. Learned Court in seisin over the matter to fix the terms so as to ensure the presence of the petitioner on each date of trial.

8.

Accordingly, the BLAPL stands disposed of.

9.

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