Application for bail under Section 439 Cr.P.C. in a compound offence. Court rejects bail but directs the trial court to expedite proceedings and conclude the trial within six months.
Direction to the trial court to expedite the trial and conclude it within six months.
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BLAPL No. 257 of 2018
15. 15.03.2019
Heard learned counsel for the petitioner and the learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with S.T. Case No. 217 of 2016 arising out of Hinjili P.S. No.97 of 2016 pending in the Court of learned Addl. Sessions Judge, Chatrapur for offences punishable under sections 498-A/302/201/406/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.
The petitioner moved an application for bail before the learned Addl. Sessions Judge, Chatrapur which was rejected on 01.09.2017.
Learned counsel for the petitioner submitted that the Sessions trial is of the year 2016 and the petitioner is in judicial custody since long and therefore, necessary direction be issued to the learned trial Court to expedite the trial and conclude the same within a stipulated period.
Learned counsel for the State has no objection to such prayer.
Considering the submission made by the learned counsel for the respective parties, progress of the trial and taking into account the period of detention of the petitioner, while not inclining to release the petitioner on bail, I direct the learned trial Court to expedite the trial and if possible, to conclude the trial within a period of six months from the date of receipt of this order of this Court.
Let a copy of this order be communicated to the learned trial Court.
Urgent certified copy of this order be granted on proper application.
………………….. S. K. Sahoo, J.
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1 issue framed by the court
Whether bail should be granted or if the trial proceedings should be expedited given the long period of detention of the petitioner.
3 provisions across 3 enactments
Petitioner
The State
S. K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
