Orissa High Court
BLAPL/5009/2019 on 21 August, 2019
BLAPL No. 5009 of 2019
03. 21.08.2019 Heard Mr.Devashis Panda, learned counsel for the
petitioner and the learned counsel for the State.
This is an application under section 439 Cr.P.C. in
connection with Jharsuguda P.S. Case No.745 of 2018
corresponding to C.T. (Special) Case No.04 of 2019 pending in
the Court of learned Special Judge, Jharsuguda for alleged
commission of offence under sections 366, 376(2)(n), 294/506 of
the Indian Penal Code and section 6 of POSCO Act.
The prayer of the petitioner for bail was rejected by the
learned Special Judge, Jharsuguda vide order dated 21.05.2019.
Learned counsel for the petitioner submitted that after
submission of charge-sheet, the bail application of the petitioner
in BLAPL No.2386 of 2019 was rejected on 03.04.2019 and it
was observed that the petitioner may renew his prayer for bail
after examination of the victim in the trial Court. It is contended by
the learned counsel for the petitioner that in all the stations of
Jharsuguda Judgeship, the trial of the cases is not going on
because of the non-cooperation of the learned Members of the
Bar and for that reason even charge could not be framed till date.
Registry has furnished a list which also indicates that in all
the stations of Jharsuguda Judgeship, the trial of the cases is not
going on and the nearby station where Court is functioning is at
Bargarh.
In view of the submission made by the learned counsel for
the petitioner, the situation which is prevailing in the Courts at
Jharsuguda, while not inclining to release the petitioner on bail, it
is directed that the C.T. (Special) Case No.04 of 2019 which is
pending in the Court of learned Special Judge, Jharsuguda be
transferred to the Court of learned Special Judge, Bargarh for trial
and disposal in accordance with law.
A copy of this order be sent to the learned Special Judge,
Jharsuguda, who on receipt of this order, shall transfer the
records of C.T. (Special) Case No.04 of 2019 to the Court of
learned Special Judge, Bargarh and the said Court shall also take
steps for sending the petitioner, who is in judicial custody in Sub-
Jail, Jharsuguda to the District Jail, Bargarh.
Another copy of this order be sent to the learned Special
Judge, Bargarh, who on receipt of the case records from the
Court of learned Special Judge, Jharsuguda shall proceed with
the case for framing of charge and make every endeavour to
examine the victim at the first instance. The learned Court below
shall also take the assistance of the I.I.C., Jharsuguda Police
Station for service of summons on the victim and to ensure her
attendance on the date fixed.
The petitioner is at liberty to renew his prayer for bail after
examination of the victim in the trial Court.
With the aforesaid observation, the BLAPL is disposed of.
Issue urgent certified copy as per Rules.
..
PKSahoo S.K.Sahoo,J.