Orissa High Court
Sana Khilla And Another vs State Of Odisha .... Opposite Party on 12 October, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 9666 of 2023
Sana Khilla and another .... Petitioner
Mr. J.K. Khuntia, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
BLAPL No. 9678 of 2023
Tame @ Dudari Khilla .... Petitioner
Mr. J.K. Khuntia, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. H.K. Panigrahi, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
12.10.2023 Order No.
03. 1. Since both the matters arise out of Padwa P.S. Case No.47 of 2020, they are taken up together and disposed of by this common order on the consent of the parties.
Page 1 of 32. Heard learned counsel for the petitioners and learned counsel for the State.
3. The petitioners are accused in connection with G.R. Case No.580 of 2020, pending in the Court of learned SDJM, Koraput, arising out of Padwa P.S. Case No.47 of 2020, for commission of alleged offences under Section- 120-B/302/34 of IPC.
4. Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Koraput by order dated 10.02.2023 in the aforementioned case, the present BLAPL has been filed.
5. It is submitted by the learned counsel for the Petitioners that the Petitioners are in custody since 20.07.2020 and as there is no progress in trial, their further continuance in custody is not warranted.
6. Perused the report received from the learned Court in seisin, wherein it has been indicated that because of restriction of COVID and non-participation in Court work by the learned Advocates of the local bar as well as non-production of UTP from circle jail, the case is lingering and the learned Court has sought four months time for disposal of trial.
7. The relevant Paragraph of communication of the learned Court in seisin is extracted hereunder for gravity.
Xxx xxx xxx "In this connection, I am to submit that the case against the accused persons namely Sana Khilla and three others was received on commitment on 20.12.2022, but due to restricted functioning of the Court and non- participation, in Court work, by the learned Advocates of the Local Bar as well as non-production of UTP from the Circle Jail, Koraput owing to COVID-19 and also for want of Material Objects, charge could not be framed against the accused persons, for a considerable period. Further, in view of the superannuation of my predecessor Mr.Mahalat Sa, Ex-ADJ-cum-Addl.Sessions Judge, Koraput, the Court remained vacant for almost one month. Recently, on 30.09.2023, I joined as ADJ-cum-Addl.Sessions Judge, Koraput, in this Court and steps has been taken for production of the accused persons, fixing dtd.04.10.2023, for consideration of charge. Effective steps shall be taken for expeditious trial and early disposal of the case."
Page 2 of 3Xxx xxx xxx
8. Learned Counsel for the States Mr. Panigrahi opposes the prayer for bail and relies on the statement of (Kesari Khilla) C.S.W.17 the son of the deceased, Gudu Khilla(C.S.W.21) and Rubi Khilla (C.S.W.23) and the post mortem report.
9. The opinion in the case diary on the basis of Post mortem report is extracted hereunder.
Xxx xxx xxx "As the dead body is not present and only the burnt part of body are collected along with Ash & bone. Therefore, I forwarded it to the PMT Department SLNMCH, Koraput for further necessary action."
Xxx xxx xxx
10. There is no cavil that the Petitioners are entitled to speedy trial. But the same cannot have absolute application bereft of the factual matrix in each case. In this context, this Court relies on the Judgments of Apex Court in the case of Ash Mohammad vrs. Shiv Raj Singh @ Lalla Babu and another, reported in 2012 (9) SCC 446.
11. Taking into account the manner in which the offence has been committed, this Court is not inclined to entertain this bail application at this stage. Keeping in view the status report, the learned Court in seisin is requested to conclude the trial within a period of four months from the date of receipt/production of certified copy of this order, on day to day basis, if necessary.
12. Learned District Judge is requested to monitor the matter and ensure the trial is concluded within the aforesaid period.
13. Registry is requested to do the needful.
14. Accordingly, this BLAPL stands disposed of.
(V. NARASINGH) Judge Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 17-Oct-2023 21:50:46 Page 3 of 3