Bail appeal under the SC/ST (PoA) Act in a rape and atrocities case; bail declined but trial court directed to conclude trial within six months, with liberty to renew bail thereafter.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.555 of 2023
Bhusu @ Duryadhan Mohanta
Appellant
Mr. Asit Kumar Otta, Advocate
-versus-
State of Odisha
…. Respondent
Mr. Arupananda Das Addl. Government Advocate
Order No.
CORAM:
JUSTICE S.K. SAHOO
ORDER
05.02.2024
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode). None appears for the informant.
Heard the learned counsel for the appellant and learned counsel for the State.
This is an appeal under section 14-A of the S.C. & S.T. (PoA) Act, 1989 in connection with Rasgobindpur P.S. Case No.279 of 2021 corresponding to G.R. Case No.98 of 2021 pending in the file of learned Special Judge -cum- 1st Addl. Sessions Judge, Baripada for the commission of offences under section 376(2)(l)(n) of the I.P.C. and section 3(2)(v) of the S.C. & S.T. (PoA) Act.
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The application for bail of the appellant has been rejected by the learned Special Judge -cum- 1st Addl. Sessions Judge, Baripada as per order dated 10.03.2023.
Learned counsel for the State has produced the written instruction dated 29.09.2023 received from the Inspector in-charge of Rasgobindpur police station to the effect that the victim has given birth to a female child and she is handicapped and she is unable to take care of herself and the child. The instruction is taken on record.
After going through the evidence of the victim and the nature and gravity of accusation and the written instruction submitted by the learned counsel for the State, while not inclining to release the appellant on bail, but taking into account the submission made by the learned counsel for the appellant that the appellant is in judicial custody since 29.12.2021 and out of sixteen charge sheeted witnesses, only five 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.
The CRLA stands disposed of.
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The order be communicated to the learned trial Court forthwith.
( S.K. Sahoo) Judge
sipun
Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 06-Feb-2024 19:14:04
Signature Not Verified
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2 issues framed by the court
Whether the appellant should be released on bail in the pending SC/ST and rape case.
Whether the trial should be expedited given prolonged custody.
3 provisions across 2 enactments
Bhusu @ Duryadhan Mohanta
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
