Rasikanta Digal vs State Of Orissa

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

The petitioner is in custody since 02.10.2020 in connection with Balliguda P.S. Case No.182 of 2020 corresponding to S.T. Case No.47 of 2022 pending in the Court of learned Addl. Dist. and Sessions Judge, Balliguda for the alleged commission of offence under Section 302 of IPC.

It is alleged that the petitioner had married the deceased and they had three children but because of repeated misbehavior and physical assault, the deceased was residing with her mother. On the date of occurrence, finding the deceased alone taking bath in the village pond, the petitioner assaulted her severely causing her death.

The Court below has submitted a report stating that 8, out of 34 charge sheeted witnesses have been examined so far and that despite repeated summons the informant has not turned up to give evidence. Since the petitioner has been in custody for more than 3 years and 6 months, the Court below should take appropriate steps including coercive steps to examine the informant, who is the first post-occurrence witness to have seen the accused running away from the spot as per her statement recorded under Section 164 Cr.P.C.

Having regard to the statement of the informant as above, I am not inclined to allow the prayer for bail. The bail application is therefore, rejected. However, the Court below shall do well to take prompt steps to conclude the trial, if necessary by taking coercive steps against the non-attending witnesses within a period of four months. It shall be open to the petitioner to renew his prayer, if trial is not concluded within the period stipulated..

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