This bail application was transferred to the trial court with a direction to expedite the trial and examine the victim at the first instance. The petitioner may renew the bail prayer after such examination.
Direction to the learned trial court to expedite the trial and examine the victim at the first instance.
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BLAPL No. 10430 of 2019
Bhaskar Pujari
… Petitioner
-Versus-
State of Odisha
... Opp. party
Heard the learned counsel for the petitioner and learned counsel for the State.
This is an application for bail under section 439 of Cr.P.C. in connection with Kotpad P.S. Case No.54 of 2018 corresponding to T.R. Case No. 46 of 2018 pending in the Court of learned Addl. Sessions Judge –cumSpecial Judge, Jeypore for alleged commission of offences under section 376(2)(i)(n) of the Indian Penal Code and section 6 of POCSO Act.
The prayer for bail of the petitioner has been rejected by the learned Addl. Sessions Judge –cumSpecial Judge, Jeypore by order dated 19.10.2019.
The earlier bail application of the petitioner in BLAPL No.5413 of 2018 was rejected considering the age of the victim and her 164 Cr.P.C. statement and the petitioner was given liberty to renew his prayer for bail after examination of the victim in the learned trial Court. The rejection order, which is annexed to this bail application does not indicate about examination of the victim.
Learned counsel for the petitioner wants to obtain instruction whether the victim has been examined in the meantime or not.
I do not want to keep this matter pending since it was filed on 04.12.2019 and it has suffered several adjournments.
In that view of the matter, while not inclining to release the petitioner on bail, taking into account the period of detention of the petitioner in judicial custody, I direct the learned trial Court to expedite the trial and steps shall be taken for examination of the victim at the first instance and for that purpose, the assistance of the Inspector in-charge of Kotpad Police Station shall be taken. The petitioner is at liberty to renew his prayer for bail after examination of the victim in the trial Court.
The BLAPL is accordingly disposed of.
Copy of the order be communicated to the learned trial Court forthwith for compliance.
…………………..……
S.K. Sahoo, J.
PKSahoo
2 issues framed by the court
Whether the petitioner should be released on bail considering the age of the victim and previous bail rejection.
Whether the victim has been examined in the meantime to renew the prayer for bail.
3 provisions across 3 enactments
Bhaskar Pujari
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
