Orissa High Court
Surendra Brekabadika @ Dasa vs State Of Odisha .... Opposite Party on 28 August, 2023
Author: V. Narasingh
Bench: V. Narasingh
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8003 of 2023
Surendra Brekabadika @ Dasa .... Petitioner
Kreputika
Mr. P.K. Mishra, Advocate
-versus-
State of Odisha .... Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE V. NARASINGH
ORDER
28.08.2023 Order No.
03. 1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in connection with C.T. Case No.35 of 2021, pending before the court of the learned Addl. Sessions Judge, Gunupur, arising out of Gudari P.S. Case No.42 of 2007 for alleged commission of offence under Sections 147/148/427/431/149 IPC and Sections 25/27 of the Arms Act and Sections 3/4 of the Indian Explosive Substances Act and Section 17(2) of the Criminal Law Amendment Act.
3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Gunupur, by order dated 17.04.2023 in the aforementioned case, the present BLAPL has been filed.
4. Perused the report received from the learned Court in seisin indicating that out of 20 cited witnesses 13 have been examined and examination of rest of the witnesses except I.O has Page 1 of 2 been declined by the prosecution and the matter is posted to 13.09.2023 for evidence of the I.O.
5. Considering such report, this Court requests the learned Court in seisin to conclude the trial by 30.09.2023.
6. Learned counsel for the State is called upon to ensure the presence of the I.O on the date fixed (13.09.2023). Necessary communication in this regard be also made to the concerned S.P. by the Registry.
7. Registry is requested to do the needful.
8. In the event trial is not concluded by 30.09.2023 and the delay is not attributable to the present Petitioner, leave is granted to him to renew his prayer before the learned Court in seisin, which shall be considered on its own merit.
9. The BLAPL is accordingly disposed of.
(V. NARASINGH) Judge PKS Signature Not Verified Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cuttack Date: 28-Aug-2023 20:31:15 Page 2 of 2