Kansari Miniyaka vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

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 C.T. Case No.09 of 2023 arising out of Laxmipur P.S. Case No.92 of 2022 pending in the Court of learned Additional Sessions Judge, Koraput for offences punishable under sections 302/201/34 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected by the learned Additional Sessions Judge, Koraput vide order dated 16.03.2023.

In view of the eye witness account of Dekhena Miniyaka and other eye witnesses placed by the learned counsel for the State in which specific overt act of assault has been attributed against the petitioner, who is the son of the deceased Krushi Miniyaka and further material on record that without informing the police, the dead body has been disposed of, at this stage, while not inclining to release the petitioner on bail on merit, but taking into account the period of detention of the petitioner in judicial custody, I direct the learned trial Court to expedite the trial and steps shall be taken for examination of the eye witnesses at the first instance. The petitioner is at liberty to renew his prayer for bail after examination of the eye witnesses in the trial Court.

The BLAPL is accordingly disposed of.

A copy of the order be communicated to the learned trial Court for compliance.

Urgent certified copy of this order be granted on proper application.

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