Learned Single Judge dismissed the High Court bail application under Section 439 Cr.P.C. holding no reason to re-consider rejection due to gravity of offences, while directing trial conclusion by end of May 2019.
Bail application dismissed; trial court directed to conclude trial by end of May 2019.
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BLAPL No. 5407 of 2017
13. 20.02.2019
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439, Cr.P.C. in connection with Ramachandrapur P.S.Case No. 73 of 2013 corresponding to S.T. Case No. 64 of 2017 pending in the file of learned Sessions Judge, Keonjhar for alleged commission of offence under sections 498-A, 302, 304(B)/34 of the Indian Penal Code read with section 4 of the D.P. Act.
The petitioner moved an application for bail before the court of learned Sessions Judge, Keonjhar, which was rejected on 17.07.2017.
The earlier bail application of the petitioner in BLAPL No.3896 of 2017 was rejected on 30.06.2017 on the ground that the deceased died within eighteen days of her marriage on account of burn injury and there is consistent evidence regarding torture on the deceased on account of demand of freeze.
Learned counsel for the petitioner submitted that, in the meantime, trial has commenced and some of the witnesses have been examined and P.W.4, who is an independent witness has stated that the door of the room where the deceased was found lying with burn injury was closed from inside.
Learned counsel for the State opposed the prayer for bail.
Considering the available materials on record and the nature and gravity of the accusation, I do not find any reason to re-consider the prayer for bail. However, since the petitioner is in judicial custody from 02.05.2017 and the trial has already commenced, the learned trial Court shall do well to conclude the
trial by end of May 2019, if possible by holding day-to-day trial. The BLAPL is accordingly disposed of. Copy of the order be communicated to the learned trial Court for compliance.
�������..�� S.K.Sahoo,J.
RKM
1 issue framed by the court
Whether bail application of the petitioner should be re-considered in view of his custody period and commencement of trial.
Colour shows how this judgement treated each authority
Not citedReferred
2 provisions across 2 enactments
Petitioner
The State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
