Era Kabasi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8501 of 2021 Era Kabasi and others ....

Petitioners Mr.P.Mohapatra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

21.03.2022 05.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioner as well as, learned Additional Standing Counsel for the State.

3.

This is an application under Section 439 of the Criminal Procedure Code filed by the Petitioner to release him on regular bail in connection with G.R.Case No.197 of 2021 pending in the Court of the learned J.M.F.C. Motu at M.V.79, corresponding to Podia P.S.Case No.25 of 2021 for commission of the alleged offence under section 302/34 of the Indian Penal Code.

4.

Learned Counsel for the Petitioner submits that the Petitioner does not want to press this application at this juncture and wants to withdraw the same and further seeks a liberty to move fresh application in the event trial is not concluded within a stipulated period of time as would be directed by this Court.

// 2 // 5.

Learned Counsel appearing for the State does not have any objection to the submission of the learned counsel for the Petitioner. 6.

In such view of the matter, this Court disposes of the bail application as withdrawn with a direction to the trial court to make endevaour to conclude the trial as expeditious as possible preferably within a period of four months from the date of production of certified copy of this order and in the event trial is not concluded within the aforesaid period, it is open for the Petitioner to renew his prayer for bail. In the event such bail application is moved by the Petitioner, the same shall be considered in accordance with law. 6.

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

7.

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

RKS ( A.K. Mohapatra ) Judge