Kalia Nayak @ Harekrushna Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 10348 of 2022 Kalia Nayak @ Harekrushna Naik ....

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

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

ORDER

11.11.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is accused in S.T. Case No.16 of 2022, pending in the Court of learned District & Sessions Judge-cumSpecial Judge, Keonjhar, arising out of Ghatagaon P.S. Case No.124 of 2020, for alleged commission of offences under Sections 376(1)/452 IPC and is in custody since 22.12.2022. 4.

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

5.

Since the trial has commenced and the victim examined as P.W. 1 has corroborated the allegation, this Court is not inclined to entertain this bail application.

6.

Taking into account the period of custody of the Petitioner since 22.12.2022, as stated, learned Court in seisin is called upon to conclude the trial within a period of three months from the date of receipt/production of the copy of the order.

7.

In the event the trial is not concluded within the time stipulated, it shall be open to the Petitioner to renew his prayer before the learned Court in seisin over the matter, which shall be considered on its own merit without being influenced by the earlier rejection or the order passed by this Court.

8.

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

9.

With the aforesaid order, this BLAPL stands disposed of. 10.

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