S.Balaram Reddy v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11043 of 2021 S. Balaram Reddy ....

Petitioner Mr. A.K. Panda, Advocate -versusState of Odisha .... Opposite Party Mr. Karunakar Das, ASC CORAM: JUSTICE S.K. PANIGRAHI

ORDER

31.03.2022 Order No.

03.

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 an accused in S.T. Case No.29 of 2019 corresponding to G.R. Case No.430 of 2018 arising out of Aska P.S. Case No.231 of 2018 pending in the court of learned Assistant Sessions Judge, Aska for commission of offence under Section 307 of the IPC and he has filed this petition for bail.

4. The prosecution case, in short, is that on 26.07.2018 at about 8.10 A.M., the petitioner, who was detained in Ward No.5 of jail, attacked one A. Sunil Reddy in the back side of Ward No.5. Further, it is alleged that the petitioner attacked one Rabindra Das, while he was sleeping in his bed in Ward No.5. Both the victims sustained severe injuries and shifted to C.H.C., Aska for treatment.

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5. Learned counsel for the petitioner submits that the petitioner is in custody since 13.08.2018 and charge-sheet has been filed. There is no material against the petitioner that he has committed the crime. So, the bail petition may be allowed.

6. Learned counsel for the State opposes the bail prayer of the petitioner on the ground that the trial has substantially progressed and only three witnesses are remained to be examined.

7. Considering the aforesaid submissions and the fact that the trial is in progress, the BLAPL is rejected.

8. Let the trial be completed within a period of three months hence. The petitioner may approach this Court for bail, if the trial is not completed within the aforesaid period.

(S.K. Panigrahi) Judge pcd