Single judge dismissed the second bail application under Section 439 Cr.P.C. not inclined to re-consider grant due to trial stage, directing trial court to expedite conclusion.
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BLAPL No. 1893 OF 2019
This is the second journey of the petitioner who is in custody in connection with Badmal P.S. Case No. 43 of 2016 corresponding to S.T. Case No. 48 of 2016 on the file of learned Sessions Judge, Jharsuguda running for alleged commission of offence under section 341/323/ 294/302/506/201/34 of the IPC, has filed this application under section 439 Cr.P.C. for his release on bail.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions made and keeping in view the role that the petitioner is said to have played by in relation to the incident as those emanates from the materials on record including the statement of the witnesses as also other surrounding circumstances; at this stage of the trial, while being not inclined to re-consider the grant bail to the petitioner; taking into account the period of detention of the petitioner in custody, the application stands disposed of with an observation that the trial court would do well to take all such effective steps, as provided in law, for conclusion of the trial as expeditiously as possible.
The BLAPL is accordingly disposed of. Issue urgent certified copy as per rules.
Narayan
…………………….. D. Dash, J.
1 issue framed by the court
Whether bail application of a second-time applicant in severe custody stage should be re-considered.
1 provisions across 1 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
