This judgment grants liberty to the petitioner to renew the bail prayer after the conclusion of the trial. The court directs the trial court to complete the trial by June 2021, balancing the gravity of the offence against the length of detention.
Liberty to renew bail application after conclusion of trial; directive to conclude trial by end of June 2021.
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BLAPL No.932 of 2021
Pramod Bariha
… 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 Sindhekela P.S. Case No.71 of 2016 corresponding to Special G.R. case No. 17 of 2016 pending in the Court of learned Addl. Sessions Judge – cum- Special Judge (POCSO), Bolangir for alleged commission of offences under sections 363, 366, 376D, 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 (POCSO), Bolangir by order dated 09.12.2020.
Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 06.04.2016 and his earlier bail application in BLAPL No. 5152 of 2019 was rejected as per order dated 20.08.2019 and the petitioner was given liberty to renew his prayer for bail after examination of the victim in the learned trial Court. Learned counsel further submitted that in the meantime the victim has already been examined in the learned trial
Court as P.W.2 and seventeen witnesses have been examined in the learned trial Court by the prosecution and therefore, the bail application of the petitioner may be favourably reconsidered.
Learned counsel for the State submitted that this is a case of gang rape and the victim has supported the prosecution case.
Considering the submissions made by the learned counsel for the respective parties, the nature of evidence available on record, 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 conclude the trial by the end of June 2021.
The BLAPL is accordingly disposed of.
Let the order be communicated to the Court concerned forthwith.
…………………..……
PKSahoo
1 issue framed by the court
Whether the petitioner should be released on bail considering the long period of custodial detention and the examination of the victim.
5 provisions across 3 enactments
Pramod Bariha
State of Odisha
PK Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
