This single-judge order rejected the petitioner's bail application in a sexual offence case, finding the accused not inclined to release. The court directed the trial court to conclude the trial within six months without prejudice to the merits.
Bail prayer rejected; trial directed to be concluded within six months.
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BLAPL No.6812 of 2016
Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner in this case having been implicated in S.C. Case No.37 of 2016 arising out of Turekela P.S. Case No.88 of 2016, corresponding to G.R. Case No.389 of 2016 pending in the file of learned Additional Sessions Judge, Kantabanji for alleged commission of offences punishable under Sections 323/376 of I.P.C., has filed this petition for his release on bail.
It appears from the materials available on record that the statement of the victim under Section 164, Cr.P.C. has been recorded and the trial is in progress.
Considering the materials available on record, nature of accusation, character of evidence, circumstance in which the offence stated to have been committed and punishment provided, I am not inclined to release the petitioner on bail.
Accordingly, the prayer for bail stands rejected.
However, trial court is directed to expedite the trial of
the aforesaid case and conclude the same as expeditiously, preferably within a period of six months from the date of receipt/production of the certified copy of this order, if there is no other legal impediment.
The rejection of the prayer for bail shall not be construed as expression of any opinion on the merit of the case by the trial court.
With the aforesaid order, the BLAPL stands disposed of.
………………….. S.Pujahari, J.
DA
2 issues framed by the court
Whether the petitioner should be released on bail in a case involving offences under Sections 323/376 IPC.
Whether the trial court is directed to expedite the trial despite the bail prayer being rejected.
1 provisions across 1 enactments
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
