Dismissed

Priya Ranjan Pati @ Ranjan v. State of Odisha

Orissa HC7 Sept 2021BLAPL/4555/2020

Case brief

AI extract

What is this about?

HC of Odisha disposed of bail application noting petitioner had sought initial bail. Court directed trial court to complete trial within three months. Petitioner can seek bail from trial court citing delay if trial exceeds three months, which should be allowed with conditions.

What did the court decide?

Time granted for trial completion; petitioner directed to move Trial Court for bail citing delay if trial exceeds three months.

Priya Ranjan Pati @ Ranjan 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.4555 OF 2020

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Priya Ranjan Pati @ Ranjan ……… Petitioner

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Mr.Ashok Kumar Behera, Advocate

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versus -

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State of Odisha ……… Opposite Party Mr. P.C. Dash, ASC

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CORAM: JUSTICE C.R. DASH

Order No.

ORDER 07.09.2021

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

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Heard learned counsel for the parties.

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Perused the letter of the 3^rd Additional Sessions Judge, Bhubaneswar. The trial, having suffered for resurgence of COVID-19, consequent Lock Down and restrictive work in Court, the learned 3^rd Additional Sessions Judge, Bhubaneswar has written that within three months, the examination of the Investigating Officer shall be completed.

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From the letter, it is further found that, on four (4) occasions during examination-in-chief of the I.O, prosecution has sought for adjournment and on four (4) occasions, adjournment

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has been sought for on behalf of the present petitioner-Priya Ranjan Pati@ Ranjan. The present bail application has been moved on the ground of parity, earlier prayer for bail application having been withdrawn with a direction to conclude the trial within six months.

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I do not find any justification to reconsider the prayer now on the ground of parity, specifically when learned Trial Court vide Order dated 17.03.2020 has rejected the prayer of the petitioner for bail on merit. As the Trial Court has sought for three months time to conclude the trial, three months further time is granted for conclusion of the trial, even if during restrictive work. The examination of the I.O be completed as expeditiously as possible provided the parties cooperate. If the trial cannot be completed within three months from today, the petitioner has a right to move for bail before the Trial Court and, if such bail petition is filed, the same should be allowed on the ground of delay in trial with proper conditions to ensure the presence of the petitioner in Trial.

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The Bail Application is accordingly disposed of.

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Urgent certified copy of this order be granted as per rules.

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Balaram

Priya Ranjan Pati @ Ranjan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Priya Ranjan Pati @ Ranjan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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