Petitioner, an accused in a POCSO case, sought bail under Section 439 Cr.P.C. after the lower court rejected it. The High Court declined to entertain the application at that stage but allowed renewal if the trial remains unfinished by the 3rd quarter of 2023.
Bail application dismissed; renewal permitted by 3rd quarter 2023.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5315 of 2023
Gopal Chandra Mahalik
Petitioner
Mr. B.C. Ghadei, Advocate
-versus-
State of Odisha
…. Opposite Party
Mr. P.K. Maharaj,ASC
CORAM: JUSTICE V. NARASINGH
ORDER 05.09.2023 Order No. 1. Heard learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with C.T. Case No.12 of 2022, pending before the Court of the learned Special Court under POCSO Act, Mayurbhanj arising out of Baisinga P.S. Case No.352 of 2021 for alleged commission of offences under Sections 302/34 of IPC. 3. Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by the learned Spl. Court under POCSO Act, Mayurbhanj, Baripada by order dated 17.04.2023 is the aforementioned case, the present BLAPL has been filed. 4. The order dated 14.08.2023 passed by the learned Court in seisin evidence of surrender of the Petitioner after expiry of interim bail period is taken on record. 5. Perused the status report received from Court in seisin indicating that trial can be concluded by the end of 3rd quarter of 2023. 6. Learned counsel for the Petitioner on instruction submits 12 out of 20 cited witnesses have already been examined.
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Judge
Soumya
Signature Not Verified
Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 08-Sep-2023 19:26:05
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1 provisions across 1 enactments
Gopal Chandra Mahalik
State of Odisha
V. NARASINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
