Manoj Rout vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail under section 439 of Cr.P.C. in connection with E.I. & E.B. Unit-II Cuttack P.R. No. 25 of 2020-2021 corresponding

to 2(a) C.C. Case No. 12 of 2020 pending in the file of learned Sessions Judge -cum- Special Judge, Cuttack for alleged commission of offence under

section 20(b)(ii)(C) of the N.D.P.S. Act.

The prayer for bail of the petitioner was rejected by the learned Sessions Judge â€"cum- Special Judge, Cuttack vide order dated 01.03.2021.

The earlier bail application of the petitioner in BLAPL No. 5174 of 2020 was disposed of as withdrawn on 04.01.2021. It is contended by the

learned counsel for the petitioner that the petitioner is in judicial custody since 11.06.2020 and since final P.R. has already been submitted, direction

may be issued to the learned trial Court to expedite the trial and conclude the same within a specified period.

Learned counsel for the State submitted that in view of the situation arising out of Covid-19 pandemic, since the trial could not be held, no time limit

be fixed.

Considering the submissions made by the learned counsel for the respective parties and the period of detention of the petitioner in judicial custody,

while not inclining to release the petitioner on bail, I direct the learned trial Court to expedite the framing of charge after normalcy is restored and try

to conclude the trial within a period of six months from the date of framing of charge.

The BLAPL is accordingly disposed of.

The order be communicated to the learned trial Court forthwith.

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.