The High Court rejected the bail plea of a petitioner in a POCSO case, finding no case for release due to the gravity of charges. The trial court was directed to expedite the proceedings.
Bail application rejected; trial court directed to expedite trial.
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.
CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
BLAPL No.81 of 2020
Narayan Sethy … Petitioner - Versus - State of Odisha … Opp. Party
O R D E R
Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner being in custody in C.T. Spl. (POCSO) Case No.59 of 2019, arising out of Balichandrapur P.S. Case No.97 of 2019 pending in the court of Addl. Sessions Judge-Cum-Special Judge, Jajpur, has filed this petition for his release on bail. The offences alleged against the petitioner are punishable under Sections 363/366/376(2)(n) of the I.P.C. read with Section 6 of POCSO Act.
Perused the materials available on record.
Regard being had to the facts and submissions made, especially the nature and gravity of accusation, character of evidence appearing against the petitioner, circumstances in which the offence alleged to have been committed by the petitioner, punishment provided, I am of the view that the petitioner has no case for his release
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on bail. Therefore, the prayer for bail of the petitioner stands rejected.
However, the trial court is directed to expedite the trial in the aforesaid case and conclude the same as expeditiously as possible.
With the aforesaid order, this BLAPL stands disposed of.
………………….. S.Pujahari, J.
RKS
2 issues framed by the court
Whether the petitioner is entitled to release on bail in a POCSO trial under special custody.
Whether the trial court should be directed to expedite the trial pending against the petitioner.
2 provisions across 2 enactments
Narayan Sethy
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
