This bail application was disposed of without granting release. The High Court directed the trial court to expedite the trial and conclude it by July 2023, considering the petitioner's detention period in judicial custody.
Order directed the trial court to conclude the trial by the end of July 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.5587 of 2022
Gopal @ Bhimadev Sahu
Petitioner
Mr.S.D. Das Senior Advocate
-versus-
Order No.
State of Odisha
State of Odisha …. Opp. Party
Mrs.Susamarani Sahoo
Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
ORDER
05.04.2023
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioner and
learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with Bolangir Sadar P.S. Case No.184 of 2021 corresponding to Sessions Case No. 76/11 of 2021 pending in the Court of learned 1st Addl. Sessions Judge, Bolangir for offences punishable under sections 498(A)/302/304-B/406/34 of the Indian Penal Code.
The prayer for bail of the petitioner was rejected by the Sessions Judge, Bolangir vide order dated
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21.04.2022.
Perused the status report furnished by the learned trial Court dated 27.03.2023 from which it appears that out of twenty six charge sheet witnesses, twelve witnesses have been examined, seven witnesses have been declined by the prosecution and summons have been issued to the remaining charge sheet witnesses and the case is now posted to 17.04.2023 for trial.
Mr. S.D. Das, learned Senior Advocate appearing for the petitioner submitted that the petitioner is in judicial custody since 08.06.2021 and since the trial has progressed, the learned trial Court may be directed to conclude the trial at the earliest.
Considering the submissions made by the learned counsel for the respective parties, 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 learned trial Court to expedite the trial and make every endeavour to conclude the same by the end of July 2023.
The BLAPL is accordingly disposed of.
A copy of the order be communicated to the learned trial Court for compliance.
( S.K. Sahoo)
Judge
PKSahoo
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1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving offences under sections 498(A)/302/304-B/406/34 IPC?
1 provisions across 1 enactments
Gopal @ Bhimadev Sahu
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
