Dismissed

Samarendra Biswal @ Akhi v. State of Odisha

Orissa HC6 Aug 2021BLAPL/10833/2019

Case brief

AI extract

What is this about?

In an application for bail under section 439 CrPC, the High Court, while rejecting the plea, directed the trial court to expedite the trial and conclude it within two months from the examination of the last prosecution witness, considering the long period of detention.

What did the court decide?

Direction to the trial court to expedite the trial and conclude it within two months.

Samarendra Biswal @ Akhi Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.10833 of 2019

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Samarendra Biswal @ Akhi

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…. Petitioner

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Mr. S.D. Das, Senior Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr. Abhinandan Pradhan, Addl. Standing Counsel

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Order No.

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CORAM:
JUSTICE S.K. SAHOO
ORDER
06.08.2021

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This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).

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Heard Mr. S.D. Das, learned Senior Advocate appearing for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. in connection with C.T. (Sessions) Case No.88 of 2017 arising out of Dhenkanal Sadar P.S. Case No.47 of 2017 pending in the Court of learned Sessions Judge, Dhenkanal for offences punishable under sections 302/307/506/34 of the Indian Penal Code.

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The petitioner moved an application for bail before the Court of learned Sessions Judge, Dhenkanal which was rejected on 24.09.2019.

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Mr. S.D. Das, learned Senior Advocate appearing for the petitioner submitted that the petitioner is in judicial custody

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// 2 //

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since 29.03.2017 and there is inordinate delay in disposal of the trial and therefore, the bail application of the petitioner may be favourably considered.

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Mr. Sisir Kumar Mishra, Deputy Superintendent of Police, C.I.D., C.B., Odisha, Cuttack is present today in Court. On instruction of the Public Prosecutor of the learned trial Court, he submitted that the Investigating Officer’s examination in-chief is already over and cross-examination date has been fixed to 16.08.2021 and he will ensure the attendance of the said witness on the date fixed before the learned trial Court so that the evidence of the Investigating Officer is closed at an earliest and he will further see that the evidence of the remaining witnesses is concluded within a short time.

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In view of the stage of trial, while not inclining to release the petitioner on bail but taking into account the period of detention of the petitioner in judicial custody, I direct the learned trial Court to expedite the trial and conclude the same within a period of two months from the date of last witness examined by the prosecution.

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Accordingly, the BLAPL stands disposed of.

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A copy of the order be communicated to the learned trial Court for compliance.

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A free copy of this order be handed over to Mr. Sisir Kumar Mishra, Deputy Superintendent of Police, C.I.D., C.B., Odisha, Cuttack during course of the day.

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Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

RKM

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Samarendra Biswal @ Akhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Samarendra Biswal @ Akhi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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