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Nakula Nayak vs State Of Odisha

Orissa High Court · Decided on 20 December 2023 · Citation: (2023) 12 OHC CK 0119

HON’BLE JUDGES
Savitri Ratho, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 302
RESULT
Disposed Of
CASE NUMBER
Bail Application No.1660 Of 2023
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Judgment

9 paragraphs · 369 words

Savitri Ratho, J

1.

This  the  successive  application  of  the  petitioner  under  Section 439 of Cr.P.C. has been filed in connection with Ambadola P.S. Case No. 61 of 2019 corresponding to G.R. Case No. 202 of 2019 in the file of the learned J.M.F.C., Bissam Cuttack. Now the case is pending before the learned Additional Sessions Judge, Gunupur (Circuit at Bissam Cuttack) in C.T. Case No. 63 of 2019 under Section 302 of IPC.

2.

BLAPL No. 7278 of 2020 filed by the petitioner had been rejected vide order dated 21.10.2021 and the learned trial court had been directed to complete the trial by the end of July, 2022 and liberty had been granted to the petitioner to move the trial court for bail afresh in case there is delay in completion of the trial.

3.

On 06.12.2023, a report had been called for from the learned trial court as the learned counsel for the petitioner submitted that out of 18 chargesheet witnesses, only 7 witnesses had been examined. Report dated 13.12.2023 of the learned Additional Sessions Judge, Gunupur (Circuit at Bissam Cuttack) has been received in which he has stated that charge was framed against the petitioner on 14.12.2021. Out of 20 chargesheet witnesses, 7 witnesses have been examined and examination of 10 witnesses have been declined for the prosecution. Out of the remaining 3 witnesses, Mathura Takri is an eye witness to the occurrence and the other two witnesses are Investigating Officers. The case was posted to 19.12.2023 for trial in Sessions Circuit Court at Bissam Cuttack.

4.

Considering that the trial is at the fag end and one eye witness remains to be examined, I dispose of the bail application requesting the learned Additional Sessions Judge, Gunupur (Circuit at Bissam Cuttack) to complete the trial by the end of February, 2024.

5.

It is open to the petitioner to move the learned trial court for bail afresh in case the trial is not completed by the end of February, 2024.

6.

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

7.

Copy of this order be sent to the learned learned Additional Sessions Judge, Gunupur (Circuit at Bissam Cuttack) by the Registry forthwith.

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