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Judgment
22 paragraphs · 396 wordsS.K. Sahoo, J
This matter is taken up by video conferencing mode.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Special Task Force (Crime Branch) P.S.
Case No. 30 of 2020 corresponding to C.T. Case No.1231 of 2021 pending before the learned S.D.J.M., Bargarh for alleged commission of offences
under sections 379/411/120-B of the Indian Penal Code and under section 51 of the Wild Life (Protection) Act, 1972.
The petitioner moved an application for bail before the Court of learned Sessions Judge, Bargarh, which was rejected on 06.01.2021.
From the possession of the petitioner, one air bag containing the skin of leopard, eleven numbers of nails and four numbers of teeth strongly
suspected to be of leopard/tiger were seized and the petitioner has got two criminal antecedents and those were also the offences under the Wild Life
Protection Act and in those two cases, the petitioner is on bail. It is contended by the learned counsel for the petitioner that the petitioner is in judicial
custody since 26. 11.2020 and the offences are triable by Magistrate and therefore, the bail application may be favourably considered.
Learned counsel for the State opposes the prayer for bail mainly on the ground of the available materials on record as well as the criminal
antecedents against the petitioner.
Considering the submission made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the previous
criminal antecedents against the petitioner, while not inclining to release the petitioner on bail, I direct the learned trial Court to expedite the trial and if
possible, to conclude the same by the end of December, 2021. The petitioner is at liberty to renew the prayer for bail, if the trial is not concluded
within the aforesaid period.
Accordingly, the BLAPL stands dismissed.
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.
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