Dismissed

Bimal Kumar Mishra v. State of Odisha

Orissa HC6 Jan 2021BLAPL/5815/2020

Case brief

AI extract

What is this about?

Application for bail under Section 439 Cr.P.C. dismissed in a serious criminal trial. High Court directed trial court to expedite witness examination and conclude trial within three months to enable future bail consideration.

What did the court decide?

Application for bail dismissed. Direction to trial court to conclude trial within three months for fresh bail consideration if delay occurs without petitioner's fault.

Bimal Kumar Mishra Vs State of Odisha — Bail and Remand | Orissa HC (2021)

¶1

BLAPL NO.5815 OF 2020

¶2

06.01.2021: The matter is taken up through video conference mode. The petitioner being in custody in connection with S.T. Case No.180 of 2016 (G.R. Case No.60 of 2012) corresponding to Khallikote P.S. Case No.38 of 2012 running for commission of offence under section 450/341/323/324/325/307/302/34 of the IPC read with section 3/4 of the E.S. Act pending on the file of learned Additional Sessions Judge, Khallikote, has filed this application under section 439 Cr.P.C. for his release on bail.

¶3

Heard learned counsel for the petitioner and learned counsel for the State.

¶4

Considering the submissions made and on going through the materials on record, further keeping in view the surrounding circumstances in the backdrop of the nature and gravity of the offences for which the petitioner is facing the trial; while being not inclined to grant bail to the petitioner on bail; the application stands disposed of with a direction to the trial court to take all such effective steps as provided in law to procure the attendance of the rest prosecution witnesses for their examination and conclusion of the trial as expeditiously as possible, preferably within a period of three months hence. The trial be conducted taking all necessary precautionary measures notwithstanding the prevailing situations. Efforts be also made by the police to secure the attendance of the witnesses in the trial court on the date as would be so fixed, when the petitioner would cooperate in every respect for concluding their examination for the trial to be completed within the stipulated period. In the event, the trial is not

¶5

// 2 //

¶6

concluded within the stipulated time, as aforesaid, the petitioner would be at liberty to renew his prayer for grant of bail before the trial court. In that eventuality and if the delay in conclusion of the trial is not attributable in any way to the petitioner, the trial court would do well to consider the prayer for grant of bail to the petitioner on its own merit without being influenced by the earlier orders and dispose of the same early in accordance with law.

¶7

The copy of this order be sent to concerned Superintendent of Police for information and to take necessary steps with regard to the above.

¶8

Learned State Counsel is also directed to impart necessary instructions to all concerned by transmitting the downloaded copy of the order.

¶9

The BLAPL is accordingly disposed of.

¶10

Basu

Bimal Kumar Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bimal Kumar Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bisnupada Das Vs State of Odisha

Dillip Rout Vs State of Odisha

Dileswar Karuan Vs State of Odisha

Rajesh Sethi Vs State of Odisha

Nanda Pani Vs State of Odisha

Rabi Oram Vs State of Odisha