Orissa High Court
BLAPL/10332/2019 on 18 February, 2020
Author: D. Dash
Bench: D. Dash
BLAPL NO.10332 OF 2019
04. 18.02.2020 This is the 2nd journey of the petitioner by
filing this application under section 439, Cr.P.C. in
connection with S.T. No.91 of 2014 arising out of G.R.
Case No.636 of 2013 pending trial in the Court of the
learned Addl. Sessions Judge, Aska for offence punishable
under sections 302/506/34 IPC for his release on bail.
Learned counsel for the petitioner submits that
the prosecution version as presented is not believable. He
contends that further detention of the petitioner in
custody would not be in the interest of justice and in the
absence of any other impediment; he urges for grant of
bail to the petitioner.
Learned counsel for the State opposes the move.
According to him, thread bare discussion of evidence at
this stage of consideration of bail is not permissible. It is
his submission that given a plain reading to the evidence
tendered by the witnesses in the trial, further keeping in
view the nature and gravity of the offence with the role
said to have been played by the petitioner therein and its
manner as well as the scene, no case is made out for
grant of bail to the petitioner.
Considering the submissions made and on
going through the materials on record including the
depositions of the witnesses examined in the trial, further
keeping in view the role assigned to the petitioner as also
the surrounding circumstances; I am not inclined to
reconsider the prayer for bail to the petitioner.
However, keeping in view the period of detention
of the petitioner in custody, it is felt apposite to observe
that the trial court would do well to take all such effective
steps as provided in law so as to conclude the trial in
accordance with law as expeditiously as possible
Accordingly, the BLAPL stands disposed of.
Issue urgent certified copy as per rules.
..........................
D. Dash, J.
Aks