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Sankar Nayak vs State Of Odisha

Orissa High Court · Decided on 18 August 2023 · Citation: (2023) 08 OHC CK 0120

HON’BLE JUDGES
G. Satapathy, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 201, 302
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 4024 Of 2023
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Judgment

9 paragraphs · 354 words

G. Satapathy, J

1.

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

2.

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with S.T. Case No.36 of 2021 arising out of Kabisuryanagar P.S. Case No.38 of 2021 pending in the file of learned Addl. Sessions Judge, Kodala, being charge-sheeted for commission of offences punishable under Sections 302/201/34 of IPC, on the allegation of committing uxoricide.

3.

Heard, Mr. J. Sahoo, learned counsel for the petitioner and Mr. S.R. Roul, learned ASC in the matter and perused the record.

4.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusation raised against the petitioner and its impact on society and keeping in view the mode and manner of implication of the petitioner in this case and regard being had to the recovery of weapon of offence at the instance of the petitioner pursuant to his disclosure statement and taking into consideration the other circumstance on record in entirety including the examination of witnesses and there being likelihood of conclusion of trial in near future and taking into account the opinion of the Doctor as to the cause of death of the deceased in the PM report and the status of the petitioner as the husband of the deceased, this Court is not inclined to grant bail to the petitioner.

Hence, the bail application of the petitioner stands rejected. At the request of learned counsel for the petitioner, it is directed that the learned trial Court will do well to dispose of the case within a period of six months of receipt of copy of this order. In case the trial is not concluded within the time as stipulated, the petitioner may renew his prayer for bail. It is, however, clarified that the benefit of renewal of prayer for bail would be extended to the petitioner only once receipt of copy of this order by the learned trial Court.

5.

Accordingly, the BLAPL stands disposed of.

6.

Issue urgent certified copy of the order as per Rules.

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