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Judgment
11 paragraphs · 293 wordsV. Narasingh, J
Heard learned counsel for the Petitioner and learned counsel for the State.
The Petitioner is an accused in connection with S.T. Case No.289 of 2016 pending in the Court of learned 3rd Additional Sessions Judge, Cuttack, arising out of Lalbag P.S. Case No.20 of 2016 for commission of offence alleged under Sections 498-A/302/304-B/34 of IPC and Section 4 of D.P. Act.
Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 3rd Additional Sessions Judge, Cuttack by order dated 08.05.2023 in the aforementioned case, the present BLAPL has been filed.
This Court by order dated 23.08.2022 had called upon the learned Court in seisin to conclude the trial within a period of two months from the date of receipt/production of copy of the order.
On instruction, it is submitted that by the learned counsel for the Petitioner that the said order was submitted before the learned Court in seisin.
There is no indication of the same in the impugned order dated 08.05.2023 passed by the learned Court in seisin.
In such view of the matter, taking into account that the Petitioner is in custody since 12.02.2016, a report be called for from the learned Court in seisin regarding the stage of trial and as to whether order passed by this Court referred to herein above fixing time limit for disposal was brought to the notice of the learned Court in seisin or not and in the event such order was brought to the notice of the learned Court in seisin, the reason for which extension was not sought for.
Registry is requested to do the needful.
List this matter on 06.10.2023 along with such report.
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