Kalandi Charana Behera @ Kalandi Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9241 of 2021 Kalandi Charana Behera @ Kalandi Behera ....

Petitioner Mr. R.N. Rout, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

13.05.2022 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 S.T. Case No.22/164 of 2021-22 arising out of Khaira P.S. Case No.94 of 2020 pending in the Court of learned Additional Sessions Judge (FTSC), Balasore for offences punishable under sections 498-A/354/294/506/376(2)(f)(n) of the Indian Penal Code.

It appears that the petitioner is in judicial custody since 28.05.2020 and his earlier bail application was rejected in BLAPL No.4677 of 2020 as

// 2 // per order dated 09.12.2020 and liberty was granted to the petitioner to renew the prayer for bail after examination of the victim in the learned trial Court and the learned trial Court was also directed to expedite the trial and conclude the same within a period of six months from the date of framing of the charge.

Status report was called for as per order dated 29.04.2022 and the learned trial Court has furnished the same vide letter dated 05.05.2022 from which it appears that the victim has already been examined and out of twenty charge sheet witnesses, four witnesses have been examined including the victim and the case is now posted to 18.05.2022 for further hearing and summons have been issued to the witnesses.

Learned counsel for the State submitted that the victim has been examined in the learned trial Court as P.W.3 and she has supported the prosecution case and the petitioner is the father-in-law of the victim. Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of the accusation against the petitioner particularly, the statement of the victim, while not inclining to release the petitioner on bail, but taking into account the period of detention of the petitioner in judicial custody, I direct the learned trial Court to

// 3 // conclude the trial by end of December 2022.

Accordingly, the BLAPL is disposed of.

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

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

( S.K. Sahoo) Judge P