Narayan Mallick Vs State Of Odisha

Savitri Ratho, J

This is the 3rd bail application filed by the petitioner under Section 439 of Cr.P.C. in connection with Kumbharpada P.S. Case No.137 of 2019 corresponding to Special G.R. Case No.54 of 2019, which is now pending in the file of the learned Addl. District Judge-cum-Special Court under POCSO Act, Puri in T.R. Case No.44 of 2019 under Section 376 (2) (f) (k) of IPC read with Section 4 of the POCSO Act.

The 1st bail application - BLAPL No.10411 of 2019 had been allowed to be withdrawn by order dated 23.11.2021 permitting the petitioner to renew his prayer for bail after examination of the victim girl before the learned trial Court.

After examination of the victim girl, the petitioner had filed BLAPL No.1325 of 2022 before this Court. Vide order dated 22.02.2023 without examining the case of the petitioner on merit, this Court had granted interim bail to the petitioner for a period of four months.

Mr. Trilochan Panigrahi, learned counsel for the petitioner submits that the petitioner has complied with the said order and has surrendered before the learned Court below after expiry of the period of interim bail. Thereafter, his prayer for bail had been rejected vide order dated 27.07.2023. At that time five prosecution witnesses out of 36 chargesheeted witnesses including the informant-cum-victim had been examined and by this time 23 witnesses have been examined. He further submits that the petitioner is in custody since more than four years and 13 witnesses are yet to be examined in the trial for which, a direction may be issued to the learned trial Court to complete the trial within a specific time and liberty may be granted to the petitioner to move the learned trial Court for bail if trial is not completed within the specified time.

Mr. S.S. Pradhan, learned Addl. Government Advocate has no objection to such prayer.

Considering the fact that the petitioner is in custody since four and half years and 23 out of 36 witnesses have already been examined, the BLAPL is disposed of requesting the learned trial Court to make an endeavour to complete the trial within a period of three months from the date of receipt of this order.

Liberty is granted to the petitioner to move the learned Court below for bail afresh in case the trial is not completed within the specified time.

Urgent certified copy of this order be granted as per rules.

Copy of this order be sent to the learned trial Court forthwith.

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