Orissa High Court
Pratap Kimbaka vs State Of Odisha .... Opp. Party on 29 April, 2021
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 1674 of 2021
Pratap Kimbaka .... Petitioner
Mr. P.K. Jena, Advocate
-versus-
State of Odisha .... Opp. Party
Mr. P.K. Mohanty, A.S.C.
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 29.04.2021
03. 1. This matter is taken up by video conferencing mode.
2. Heard Mr. P.K. Jena, the learned counsel for the petitioner and Mr. P.K. Tripathy, leanred Addl. Standing Counsel for the State.
4. This is an application under section 439 of Cr.P.C. in connection with CID CB P.S. Case No.11 of 2008 corresponding to S.T. Case No.114 of 2015 pending in the file of learned Sessions Judge, Nayagarh for alleged commission of offence under sections 121/121- A/122/148/342/353/450/427/302/436/307/336/149 of the Indian Penal Code and sections 25(1-A) and 27 of the Arms Act and section 4 of the P.D.P.P. Act and section 3 of the Explosive Substances Act and section 7 of the // 2 // Criminal Law Amendment Act and sections 16/20/38 of the U.A.P. Act.
5. The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Nayagarh vide order dated 04.02.2021.
6. It appears from the rejection order dated 04.02.2020 that the petitioner is in judicial custody since 11.02.2015 and twenty eight witnesses have already been examined and that the prosecution is taking steps for examination of other witnesses and the case is under closing stage. The learned counsel for the petitioner submitted that in view of the period of detention of the petitioner in judicial custody, a direction may be issued to the learned trial Court to conclude the trial at an earliest.
Learned counsel for the State has no objection to the said prayer.
Considering the submission made by the learned counsel for the respective parties, the period of detention of the petitioner in judicial custody and the progress of the trial so far, while not inclining to release the petitioner on bail, I direct the learned trial Court to expedite the trial and conclude the same within a period of six months from the date of receipt of the order. The petitioner is at liberty to renew the prayer for bail, if the trial is not concluded within the aforesaid period.
8. Accordingly, the BLAPL stands disposed of.
A copy of the order be sent to the learned trial Court for compliance.
9. As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or Page 2 of 3 // 3 // print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.
( S.K. Sahoo) Judge P Page 3 of 3