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Judgment
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 under section 439 of Cr.P.C. in connection with Dhenkanal Sadar P.S. Case No.407 of 2015 corresponding to C.T. (Session)
No.149 of 2016 pending in the file of learned Addl. Special Judge, Dhenkanal for alleged commission of offences under sections 364, 302, 120-B, 34
of the Indian Penal Code.
The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Dhenkanal vide order dated 03.02.2021.
The earlier bail application of the petitioner in BLAPL No. 2101 of 2020 was rejected as per the order dated 23.11.2020 on the ground that the
petitioner did not comply with the order of this Court dated 04.07.2017 passed in BLAPL No.4844 of 2017, in which he was granted interim bail for
twenty days but he could be apprehended only in the year 2020 in connection with another case. Learned counsel for the petitioner submitted that in
the meantime, the trial in respect of the co-accused persons has proceeded and one of the star witness of the prosecution, namely, Chakhendi Naik
has been examined and he has not supported the prosecution case.
Learned counsel for the State submits that since the said witness has been examined in the trial of the co-accused persons, let the trial Court first
examine the said witness namely Chakhendi Naik in the trial of the petitioner.
Considering the submissions of learned counsel for the respective parties and the fact that the petitioner has flouted the terms and conditions of the
interim bail order passed in BLAPL No.4844 of 2017, while not inclining to release the petitioner on bail, I direct the learned trial Court to expedite the
trial of the petitioner and take steps for examination of star witness Chakhendi Naik.
The petitioner is at liberty to renew his prayer for bail after examination of the said witness in the trial Court.
Accordingly, the BLAPL is disposed of.
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.