Disposed¶18

Vishal Kumar Giri@Bimal v. State of Odisha

Orissa HC5 Feb 2024CRLA/236/2023

Case brief

AI extract

What is this about?

Orissa High Court CRLA No.236 of 2023 (decided 05.02.2024, Justice S.K. Sahoo): bail appeal under s.14-A(2) SC/ST (PoA) Act by Vishal Kumar Giri @ Bimal, accused in Bolani P.S. Case No.3 of 2023 / Special G.R. Case No.02 of 2023 for offences under ss.376(2)(l)(n)/417/506 IPC r/w ss.3(1)(r)(s)/3(2)(v)(va) SC/ST Act; bail refused on gravity of accusation despite victim (P.W.7) support noted; trial to be completed within six months; liberty to renew bail prayer thereafter.

What did the court decide?

No release on bail; the trial Court was directed to expedite and conclude the trial within six months from receipt of the order, with liberty to the appellant to renew his bail prayer if the trial is not concluded within that period. The order was to be communicated to the trial Court forthwith. ¶18

Vishal Kumar Giri@Bimal Vs State of Odisha — Orissa HC (2024) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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CRLA No.236 of 2023

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Vishal Kumar Giri @ Bimal …. Appellant

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Mr. D. Das, Advocate

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-versus-

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1. State of Odisha

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…. Respondents

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2. Koushalya Karua

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Mr. Arupananda Das Addl. Government Advocate

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CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 05.02.2024
10. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
None appears for the informant.

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Order No.

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Heard learned counsel for the appellant and learned counsel for the State.

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This is an appeal under section 14-A(2) of the S.C. & S.T. (PoA) Act, 1989 in connection with Bolani P.S. Case No.3 of 2023 corresponding to Special G.R. Case No.02 of 2023 pending in the file of Presiding Officer, Special Court under S.C. & S.T. (PoA), Champua for the commission of offences under sections 376(2)(l)(n)/417/506 of the Indian Penal Code read with sections 3(1)(r)(s)/3(2)(v)(va) of the S.C. & S.T. (PoA) Act.

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// 2 //

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The application for bail of the appellant has been rejected by the Presiding Officer, Special Court under S.C. & S.T. (PoA), Champua as per order dated 09.02.2023.

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Perused the evidence of the victim being examined as P.W.7 in the learned trial Court who has supported the prosecution case.

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In view of the nature and gravity of the accusation, while not inclining to release the petitioner on bail, but taking into account the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 06.01.2023 and out of twenty six witnesses, only seven witnesses have been examined, I direct the learned trial Court to make every endeavour to expedite the trial and conclude the same within a period of six months from the date of receipt of the order. The appellant is at liberty to renew his prayer for bail if the trial is not concluded within the said period.

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The CRLA stands disposed of.

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The order be communicated to the learned trial Court forthwith.

( S.K. Sahoo)

Judge

sipun

Signature Not Verified

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Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 06-Feb-2024 19:14:03

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Vishal Kumar Giri@Bimal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Vishal Kumar Giri@Bimal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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