Rudhia @ Bipin Bihari Das vs State Of Odisha

A.K. Mohapatra, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner.

This is an application under Section 439 of the Code of Criminal Procedure filed by the Petitioner for bail in connection with G.R. Case No.911-A of 1999, corresponding to Pattamundai P.S. Case No.139 of 1999, pending in the Court of the learned Asst. Sessions Judge, Pattamundai for alleged of offence under Sections 457, 395 of I.P.C.

Learned counsel for the Petitioner submitted that the case is of the year 1999. Since the petitioner was staying out of state for his job, he did not know about registration of the case. Learned counsel for the petitioner further contended that some of the co-accused, who are arrested in the present case, some have been acquitted and some have been convicted. So far this case is concerned, till 30.01.2024 only two witnesses are examined from 17 witnesses.

Learned counsel for the State stated that if the Petitioner is released on bail, there is a delay in conclusion of the case, wherever the case is of the year 1999.

Considering the aforesaid submissions, while disposing of the bail application of the Petitioner as not pressed, this Court directs the trial court to expedite trial and conclude the same within a period of three months. In the event trial is not concluded within the aforesaid period, it is open for the Petitioner to move an application for bail and in the event such a bail application is filed the same shall be considered on its own merit without being influenced by any other factor.

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy of this order as per rules.

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