The High Court disposed of an appeal under Section 14-A of the S.C. & S.T. (PoA) Act, 1989. The Court rejected reconsideration of the bail application due to antecedents but directed the trial court to expedite framing of charge and examination of witnesses.
Bail application renewed after examination of eye witnesses and injured persons in trial court.
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
CRLA No.400 of 2023
Narayan Gouda …. Appellant
Ms. Manasi Panda, Advocate
-versus-
Order No.
Heard the learned counsel for the appellant and learned counsel for the State as well as learned counsel for the informant.
This is an appeal under section 14-A of the S.C. & S.T. (PoA) Act, 1989 in connection with Dharakote P.S. Case No.168 of 2022 corresponding to G.R. Case No.11 of 2022 (Spl. Act) pending in the file of learned Addl. Sessions Judge -cum- Special Judge, Aska for
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the commission of offences under sections 342/323/ 324/307/294/506/34 of the Indian Penal Code read with section 3(1)(r)(s)/3(2)(v)(va) of the S.C. & S.T. (PoA) Act.
The application for bail of the appellant has been rejected by the learned Addl. Sessions Judge -cumSpecial Judge, Aska as per order dated 02.08.2022.
It has been pointed out by the learned counsel for the informant that the appellant earlier approached this Court for bail in CRLA No.736 of 2022 and taking into account the four criminal antecedents against the appellant and out of which, one is of under section 302 of the Indian Penal Code, the bail application was rejected as per order dated 28.09.2022 giving liberty to the appellant to renew his prayer for bail after examination of the injured persons in the learned trial Court and that stage has not reached yet.
Learned counsel for the appellant does not dispute the submission made by the learned counsel for the informant.
In view of such state of affairs, since there is no change in the circumstances after rejection of the earlier bail application, while not inclining to reconsider the prayer for bail, taking into account the submission that the appellant is in judicial custody since 27.07.2022, the learned trial Court shall do well
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to expedite the framing of the charge and take steps for examination of the eye witnesses and injured persons at the first instance. The appellant is at liberty to renew the prayer for bail after examination of such witnesses.
The CRLA stands disposed of.
The order be communicated to the learned trial Court forthwith .
( S.K. Sahoo)
sipun
Judge
Signature Not Verified
Digitally Signed Signed by: SIPUN BEHERA Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 04-Jul-2023 18:48:20
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2 issues framed by the court
Whether the bail application should be reconsidered in view of the stage of the trial.
Whether the trial court should expedite the framing of charge and examination of witnesses.
1 provisions across 1 enactments
Narayan Gouda
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
