The Special Court rejected the bail application in a POCSO and sexual offence case, declining to grant bail due to the nature of the accusation. Instead, the Court directed the Special Court to speed up the trial to ensure completion within three months.
Bail refused; Special Court directed to ensure trial completion within three months.
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BLAPL No.4242 of 2019
7. 10.02.2020
This application under Section 439 Cr.P.C. has been made on 14.05.2019 by the petitioner in connection with Biramitrapur P.S. Case No.96 of 2014 corresponding to Special G.R. Case No.39 of 2014 for the offence under Sections 376 (D), 323, 506 of the IPC and Section 4 of the POCSO Act pending in the court of learned Addl. Sessions Judge-cum-Special Judge, Sundargarh.
Heard learned counsel for the petitioner and learned Addl. Standing Counsel.
It is fairly submitted by the learned counsel for the petitioner that the victim is already examined and for further examination of witnesses, the case was fixed to today and he does not know the progress.
Having regards to the nature of accusation and stage of trial, I am not inclined to grant bail instead the Special Court is directed to speed up the trial to ensure its completion within three months from the date of filing of certified copy of this order.
With such observation, the bail application is disposed
of.
Issue urgent certified copy of this order as per rules.
Dr. A.K. Mishra, J.
Dhal
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2
3
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2 issues framed by the court
Whether bail should be granted in a case involving offences under Section 376(D) IPC and Section 4 POCSO Act.
Whether the impugned order granting bail should be set aside and the trial expedited.
3 provisions across 3 enactments
Petitioner
State of Odisha
Dr. A.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
