Sarat Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10718 of 2021 Sarat Naik ....

Petitioner Mr.P.K.

Samantray, Advocate -versusState of Orissa ....

Opp. Party Mr.S.Jena, ASC

CORAM:

MR. JUSTICE D.DASH Order No.

ORDER

20.07.2022 03.

1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

This the successive journey of the Petitioner, who is in custody in connection with Kinjirikela P.S. Case No.28 of 2018 corresponding to S.T. Case No.07 of 2019 on the file of learned Additional Sessions Judge, Sundargarh running for commission of offence under sections 302/201/34 of the IPC, in filing this application under section 439 of the Cr.P.C., with the prayer for his released on bail.

3.

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

4.

Keeping in view the submissions made, the order passed by the Trial Court refusing to grant bail to the Petitioner being perused, it is seen that the Petitioner had last moved the

// 2 // Trial Court on 15.11.2021 and as per the report received, by the end of May, 2022, sixteen prosecution witnesses having already been examined, the case was posted to 1st and 2nd June, 2022 for further evidence.

In view of all these above, this application stands disposed of granting liberty to the Petitioner to renew his prayer for grant of bail before the Trial Court citing all such developments, which have taken place in the meantime for their consideration in proper perspective.

5.

It is needless to observe that in the event, such a move is made, the Trial Court would do well to consider the same on its own merit; further taking into account all such developments, which have taken place in the meantime in their proper perspective and dispose of the same early in accordance with law.

Issue urgent certified of this order as per rules. (D.Dash) Judge Basu