Narasingha Gouda @ Nanda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10236 of 2022 Narasingha Gouda @ Nanda ....

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

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

ORDER

21.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The Petitioner is an accused in Sessions Trial No.13 of 2021 pending on the file of learned Addl. District Sessions Judge, Kodala, Ganjam, arising out of Kabisuryanagar P.S. Case No.241 of 2020 for commission of offence under Section 302 IPC. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. District Sessions Judge, Kodala, Ganjam by order dated 18.02.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Considering that the trial has already commenced and 7 witnesses have already been examined, this Court is not inclined to entertain this bail application at this stage.

6.

The submission of the learned counsel for the Petitioner the evaluation of the evidence was on record is not permissible during pendency of the trial as per the settled position of law. 7.

Taking into account the Petitioner is in custody since 11.09.2020, learned Court in seisin is requested to conclude the trial within a period of four months from the date of receipt/production of the copy of this order.

8.

It shall be open to the Petitioner to renew his prayer for bail in the event the trial is not concluded within the time stipulated and the same shall be considered on its own merit without being influenced by the earlier rejection or the order passed by this Court. 9.

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

10.

With the aforesaid order, this BLAPL stands disposed of. 11.

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