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Judgment
10 paragraphs · 365 wordsS.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Heard the learned counsel for the appellant and learned counsel for the State.
This is an appeal under section 14-A(2) of the S.C. & S.T. (PoA) Act, 1989 in connection with Chandahandi P.S. Case No. 75 of 2020 corresponding to T.R. Case No. 19 of 2020 pending in the file of Addl. Sessions Judge, Umerkote, Nabarangpur for the commission of offences under sections 302/307 of the Indian Penal Code read with section 3(2)(v) of the S.C. & S.T. (PoA) Act.
The application for bail of the appellant has been rejected by the Addl. Sessions Judge, Umerkote, Nabarangpur as per order dated 02.05.2023. Learned counsel for the appellant submits that the appellant is in judicial custody since 26.05.2020 and in the meantime, in the learned trial Court, out of eighteen charge sheet witnesses, thirteen witnesses have been examined and the evidence of the witnesses are not believable and in view of the delayed disposal of the trial, the appellant may be granted bail.
Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the evidence of P.W.3 and P.W.4. He further submitted that the appellant has got three criminal antecedents and the accusation against the appellant is that he assaulted the deceased by means of a tangia and the deceased had sustained as many as six external injuries and the cause of death was on account of carnio cerebral injury.
Considering the submissions made by the learned counsel for the respective parties and in view of the available materials on record, while not inclining to release the appellant on bail, keeping in view the period of detention of the appellant in judicial custody and the progress of trial, I direct the learned trial Court to expedite the trial and conclude the same within a period of three months from the date of receipt of a copy of this order. The appellant is at liberty to renew his prayer for bail if the trial is not concluded within the said period.
The CRLA stands disposed of.
The order be communicated to the learned trial Court forthwith.
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