Suresh Tarai Vs State of Odisha

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CORAM : Hon’ble Shri Justice S. Pujahari

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BLAPL No.583 of 2021

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Suresh Tarai … Petitioner - versus – State of Odisha … Opp. Party

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9.3.2021 ORDER

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

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The petitioner being in custody in S.T. Case No.4/240 of 2019-18 arising out of Chandapur P.S Case No.130 of 2018 pending in the court of Asst. Sessions Judge (Women’s Court), Nayagarh has filed this petition for his release on bail. The offences alleged against him are punishable under Sections 363/376 IPC.

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Learned counsel for the petitioner drawing notice of the Court to the evidence adduced submits that no case is made out against the petitioner inasmuch as the evidence of the victim is unbelievable one and as such, the petitioner be released on bail.

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The same is objected by the learned counsel for the State.

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PKS

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Needless to say that in a petition under Section 439 Cr.P.C the appreciation of the evidence adduced in trial is impermissible inasmuch as the same amounts to prejudging the case. Furthermore, this Court earlier rejected the prayer for bail of the petitioner on merit. Since then there is no change in circumstance. Hence the prayer made is devoid of merit and accordingly, the BLAPL stands dismissed. However, the trial court is directed to expedite the hearing of the aforesaid case and conclude the same within six months of receipt of a copy of this order.

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S.Pujahari, J.

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Suresh Tarai v. State of Odisha

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Suresh Tarai v. State of Odisha

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