Application for bail was rejected. The court refused release based on the petitioner's criminal history, association with principal accused, and fear of evidence tampering, while directing expedited trial.
Bail prayer rejected; trial to be concluded within six months of order receipt.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.5376 of 2020
Arif Khan … Petitioner -Versus-
State of Odisha
... Opp. party
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Chauliaganj P.S. Case No.27 of 2016 corresponding to S.T. Case No. 35 of 2018 pending in the Court of learned Sessions Judge, Cuttack for alleged commission of offences under sections 387/120-B/34 of the Indian Penal Code read with sections 25(1-B)(a)/ 25(1-AA)/27 of the Arms Act.
The prayer for bail of the petitioner has been rejected by the learned Sessions Judge, Cuttack by order dated 19.05.2020.
In view of the available materials on record and the criminal antecedents against the petitioner and that he is an associate of Dhalsamanta brothers, who are the principal accused persons in this case and indulged in tender fixing cases and collecting ‘Dada-Bati’ from different persons by putting them in fear of death at the point of firearms and that the trial has commenced and there is every likelihood of tampering with the evidence, I am not inclined to release the petitioner on bail.
Accordingly, prayer for bail stands rejected.
The petitioner seems to be in judicial custody since 12.04.2016. The learned trial Court shall do well to expedite the trial of the case and make every endeavour to conclude the same within a period of six months from the date of receipt of a copy of the order.
Let a copy of the order be sent to the learned trial Court for compliance.
Issue urgent certified copy as per Rules.
…………………..……
S.K. Sahoo, J.
RKM
2 issues framed by the court
Whether to grant bail to the petitioner given his criminal antecedents and association with principal accused.
Whether the trial should be expedited to prevent delay-induced bail reconsideration.
3 provisions across 3 enactments
Arif Khan
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
S.K. Sahoo
Parties & counsel
