High CourtsSingle Bench

Jitendra Dalei vs State Of Orissa

Orissa High Court · Decided on 7 August 2023 · Citation: (2023) 08 OHC CK 0038

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 376, 452
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 2821 Of 2023
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Judgment

11 paragraphs · 245 words

V. Narasingh, J

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. 1027 of 2022, pending before the Court of the learned J.M.F.C., Chandikhole arising out of Balichandrapur P.S. Case No. 244 of 2022 for alleged commission of offences under Sections 452/376 of IPC.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Jajpur, by order dated 06.01.2023 in the aforementioned case, the present BLAPL has been filed.

4.

Perused the report submitted by the learned JMFC, Chandikhole indicating that the case is lingering because one of the accused Gayatri Dalei, wife of the Petitioner was not appearing.

5.

This Court perused the 164 Cr.P.C. statement of the victim and her daughter aged about 9 years.

6.

Considering the same, this Court is NOT INCLINED to entertain this bail application at this stage.

7.

Taking into account that the accused is in custody since 03.07.2022, learned Court in seisin shall make an endeavour to conclude the trial within the period of 6 months from the date of receipt/ production of the copy of this order.

8.

Registry is requested to communicate this order to learned District and Sessions Judge, Jajpur forthwith.

9.

Liberty is granted to the Petitioner to renew his prayer before the learned Court in seisin in the event trial is not concluded within the time stipulated.

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