The High Court rejected a bail application under Section 439 Cr.P.C. for a petitioner accused of a heinous offence, citing an extra-judicial confession. The Court directed the trial court to expedite the trial and dispose of the case by April 2017.
Bail application rejected; trial directed to be expedited and disposed by April 2017.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.7381 of 2016
03.01.2017 Heard learned counsel for the petitioner and the learned counsel for the State on the
application under section 439 Cr.P.C. for release of the petitioner on bail who allegedly invo
lved for the offence under sections 498(A)/323/336/302/ pending in the Court of learned Sessio
ns Judge, Sundargarh in S.T. Case No.146 of 2015 corresponding to Bargaon P.S. Case No.52 of 2
015.
Learned counsel for the petitioner submits that there is no direct material against t
he present petitioner but circumstantial evidence available against him and he is in custody f
or more than one year. He further submits that in the meantime, charge sheet has been submitte
d, for which the petitioner may be released on bail with any condition as deemed fit and prope
r. Learned counsel for the State opposes the prayer for bail stating that there are lot of mat
erials against the petitioner to find out a prima facie case against him.
Considered the submissions of learned counsels for both parties. After going through t
he materials on record, it appears that there is extra judicial confession by the present peti
tioner along with other materials go to show a prima facie case against the petitioner. Since
he is involved in the heinous offence, for the larger interest of society and public, I am loa
th to grant bail to the petitioner. So, for the larger interest of the public and society the
petition for bail being devoid of merit stands rejected.
At this juncture, learned counsel for the petitioner submits that the trial of the cas
e may be expedited.
In view of the above submissions, it is directed that the Court in seisin over the mat
ter must make all endeavor o expedite the trial of the case on day to day basis and dispose of
the case by the end of April, 2017.
Registry is directed to inform the concerned Court.Accordingly, the BLAPL is disposed of.Urgent certified copy of this order be granted on proper application. Dr.D.P.Choudhury, J.
2
2 issues framed by the court
Whether bail should be granted given an extra-judicial confession and prima facie case in a heinous offence.
Whether the trial court must expedite the disposal of the case.
1 provisions across 1 enactments
Petitioner
State
Dr.D.P.Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court