Court rejected regular bail for petitioner in POCSO case but granted interim bail for 60 days to expedite stalled trial. Surrender required on day 61.
Release on interim bail for 60 days; surrender to custody on 61st day.
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BLAPL No.6781 of 2019
The petitioner being in custody in C.T. Case No.199/183 of 2016, arising out of Jagdalpur P.S. Case No.128 of 2016, pending in the court of the learned Addl. Sessions Judge-cum-Special Judge (POCSO Act), Bargarh, has filed this petition for his release on bail. The offences alleged against him are punishable under Sections 376(2)(n) and 417 of I.P.C. read with Section 6 of the Protection of Children from Sexual Offences Act, 2012.
Considering the facts and circumstances of the case and the nature and gravity of accusation, though this Court is not inclined to release the petitioner on bail, but considering the fact that the trial of the aforesaid case is lingering due to adding of more accused persons in this case, it is directed that the petitioner-Sukanta Kumbhar be released on interim bail for a period of sixty days from the date of his release by the learned Addl. Sessions Judge-cum-Special Judge (POCSO Act), Bargarh in C.T. Case No.199/183 of 2016 on such terms and conditions as the said Court may think just and proper to ensure his return with the condition that he shall surrender to custody on 61st day of his release.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted on proper application.
………………… S.Pujahari, J.
MRS
2
3
2 issues framed by the court
Whether to grant interim bail to the petitioner already in custody in the POCSO trial.
Whether to address delays in the trial caused by the addition of more accused persons.
Sukanta Kumbhar
The State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
