Bhagirathi Kanhar v. State of Odisha

Mr. J.K. Panda, Advocate Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH ORDER 13.12.2022

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is an accused in Special (NDPS) Case No.20 of 2021, pending in the file of learned Sessions Judge-cum-Special Judge, Boudh, arising out of Boudh P.S. Case No.101 of 2021, for commission of alleged offences under Sections 20(b)(ii)C of the NDPS Act.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Session Judge-cum-Special Judge, Boudh by order dated 21.10.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel for the petitioner that in the meanwhile trial has commenced and out of 14 charge sheeted witnesses 10 have already been examined.

Hence, he does not want to press this bail application.

Taking note of such submission learned Court in seisin is called upon to expedite the trial and conclude the same within a period of two months from the date of receipt/production of certified copy of this order.

In the event trial is not concluded within the time stipulated, it shall be open to the petitioner renew his prayer before the learned court in seisin and the same shall be considered on its own merits without being influenced by the earlier rejection or the order passed by this Court.

Registry is requested to communicate with the order. Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rules. (V. NARASINGH) Judge Santoshi