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Judgment
11 paragraphs · 324 wordsS.K. Sahoo, J
This matter is taken up through Hybrid arrangement (video conferencing/physical mode).
Learned counsel for the petitioner submitted that the earlier bail application of the petitioner in BLAPL No.4762 of 2020 was rejected as per order dated 25.11.2020 taking into account the statements of two eye witnesses, namely, Purna Ch. Rout and Niranjan Rout. He further submitted that in the meantime, trial has commenced and the aforesaid two eye witnesses have already been examined as P.W.8 and P.W.5 respectively and they have not supported the prosecution case.
Learned counsel for the State on verification of the case record submitted that apart from those two eye witnesses, two other eye witnesses, namely, Rabindra Rout and Laxmidhar Rout have also stated about the occurrence.
Learned counsel for the petitioner submitted that the eye witness Laxmidhar Rout has already been examined as P.W.6 and he has not supported the prosecution case and one eye witness, namely, Rabindra Kumar Rout, son of Rama Chandra Rout is yet to be examined.
In view of such submission, since it seems that the last witness in the trial Court was examined as P.W.9 on 19.01.2022, let the Inspector in-charge of Singla police station appear before the learned trial Court i.e. learned Sessions Judge, Balasore in S.T. Case No.58 of 2021 on or before 09.11.2022, receive summons in respect of witness Rabindra Kumar Rout, son of Rama Chandra Rout and ensure his attendance on the date fixed.
List this matter in the week commencing from 21.11.2022.
If the said witness is examined in the meantime, learned counsel for the petitioner shall produce the certified copy of his deposition giving a copy thereof to the learned counsel for the State on the next date.
A free copy of the order be handed over to the learned counsel for the State for onward transmission to the concerned I.I.C.
A copy of the order be communicated to the learned trial Court immediately..
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