Sanatan Senapati vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode. Heard learned counsel for the petitioner and the learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.61 of 2020 arising out of Rajkanika P.S. Case No.223 of 2019

pending in the Court of learned Addl. Sessions Judge, Kendrapara for alleged commission of offences punishable under sections 498-A/304-B/302/34

of the Indian Penal Code read with section 4 of the D.P. Act.

The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Kendrapara which was rejected on 07.04.2021.

The earlier bail application of the petitioner in BLAPL No.3988 of 2020 was rejected on merit as per order dated 22.12.2020. It seems that thereafter

the case has been committed to the Court of Session and now it is subjudiced before the learned Additional Sessions Judge, Kendrapara in S.T. Case

No.61 of 2020 but it seems except the commitment of the case, there is no change in the circumstances. While not inclining to reconsider the prayer

for bail, it is directed that the petitioner is at liberty to renew his prayer for bail in the learned trial Court after examination of the material witnesses.

The learned trial Court shall take expeditious steps for framing of the charge, if the same has not yet been done and at the first instance, take steps for

examination of the material witnesses.

Accordingly, the BLAPL is disposed of.

Let 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.