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Judgment
21 paragraphs · 366 wordsS.K. Sahoo, JÂ Â Â Â Â Â Â Â Â Â Â Â Â Â
This matter is taken up by video conferencing mode.     Â
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with T.R. Case No.41 of 2018 arising out of Jeypore Sadar P.S. Case No.119 of
2018 pending in the Court of learned Sessions Judge -cum- Special Judge, Koraput at Jeypore for alleged commission of offences punishable under
sections 20(b)(ii)(C)/25/29 of the N.D.P.S. Act.
The petitioner moved an application for bail before the Court of learned Special Judge, Jeypore which was rejected on 17.12.2020.
Perused the status report submitted by the learned trial Court dated 27.07.2021 from which it appears that the charge has not yet been framed though
chemical examination report as well as material objects have been received and it is further mentioned that the local Bar Members have resolved to
work from 02.08.2021 and after framing of the charge, the material witnesses would be summoned and all steps would be taken to dispose of the case
expeditiously.
In view of the available materials on record, while not inclining to release the petitioner, I direct the learned trial Court to expedite the framing of
charge and take steps for examination of the material witnesses at the first instance and try to conclude the trial within a period of six months from the
date of framing of charge. The petitioner is at liberty to renew his prayer for bail after examination of the material witnesses or if the trial is not
concluded within the said period.
The BLAPL is accordingly disposed of.
Let a copy of the order be sent to the learned trial Court for compliance.
As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available
in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court’s
Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.
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