Jogeswar Mahanta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.11324 of 2021 Jogeswar Mahanta ....

Petitioner Mr.Ajaya Kuma Jena, Advocate.

-versusState of Odisha ....

Opp. Party Sk.Zafrulla,A.S.C..

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

27.01.2022 02.

This matter is taken up through Video Conferencing mode. 2.

This is an application under section 439 Cr.P.C. filed by the Petitioner for bail in connection with Ghatagaon P.S.Case No.18 of 2021 corresponding to G.R.Case No.145 of 2021 pending in the Court of the learned J.M.F.C.-1, Keonjhar, for alleged commission of offences under Sections 420,506/34 of the Indian Penal Code. 3.

Learned counsel for the Petitioner submits that the Petitioner is in custody since 30.01.2021. He further submits that 16 witnesses have been examined so far and nobody has deposed against the Petitioner. However, learned counsel appearing for the State submits that out of 48 charge sheeted witnesses only 16 witnesses have been examined so far. He also fairly submits that the witnesses examined so far have not stated anything against the petitioner. 4.

However, considering the fact that there are many other witnesses, who are yet to be examined in this case, it would not be proper to release the Petitioner on bail which will unnecessarily

// 2 // linger the trial.

5.

In such view of the matter, learned trial Court is directed to expedite the trial and endeavour shall be made to conclude the trial within four weeks. In the event trial is not concluded within the aforesaid time, liberty is given to the Petitioner to move afresh application for bail which shall be considered in accordance with law.

6.

With the aforesaid observation, the BLAPL is disposed of. 7.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020, modified by Court's Notice No.4798, dated 15th April, 2021, and Court's Office Order circulated vide Memo Nos.514 and 515 dated 7th January, 2022.

( A.K. Mohapatra) Judge RKS