Allowed

Gurumurty Nayak v. State of Orissa

Orissa HC19 Nov 2015BLAPL/4242/2015

Case brief

AI extract

What is this about?

The court granted bail to the petitioner, a husband implicated in offences under Sections 302/304(B)/34 IPC, holding that delays in the trial were caused by the negligence of the Bench Clerk and Presiding Officer, and the petitioner should not suffer for such lapsed.

What did the court decide?

The petitioner was directed to be released on bail in S.T. Case No. 35 of 2010 before the learned Addl. Sessions Judge, Bhanjanagar, on such terms and conditions as deemed just and proper.

04. 19.11.2015 Learned counsel for the petitioner is allowed to m ake necessary correction in the cause title so far as the S.T. Case number is concerned. Heard learned counsel for the petitioner and learned Addl. Standing Counsel fo r the State.

From the letter, it is found that the trial in the case has suffered owing to negligence on the part of the then Bench Clerk Late Ramesh Chandra Pradhan and Surendra Behera . Though the petitioner is in custody and the trial should be taken up on day to day basis, th e trial record has been kept as non-put up on several occasions for years. For such a lapse, n ot only the Bench Clerk but also the Presiding Officer at the relevant time, are also responsi ble, as they have a duty to have control over their Board.

Taking into consideration the lackadaisical manner, in which the trial has run , as found from the letter of the learned Addl. Sessions Judge, Bhanjanagar and the manner in which summons are being issued and the witnesses are not turning up, I deem it proper to hold that the petitioner should not suffer for the negligence on the part of the staff.

Taking into consideration the aforesaid facts and submissions, factum of perma nent residence of the petitioner, period of incarceration, the petitioner has already suffered and the stage of the proceeding, it is directed that the petitioner shall be released on bail by the learned Addl. Sessions Judge, Bhanjanagar in S.T. Case No.35 of 2010 on such terms and conditions as deemed just and proper. The bail application is accordingly disposed of. Urgent certified copy of this order be granted as per rules. . C.R. Dash, J. Subha

Gurumurty Nayak v. State of Orissa

Case brief

What is this about?

What did the court decide?

Gurumurty Nayak v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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