DEEPAK GUPTA Vs. STATE OF ORISSA (VIG.)

JUDGEMENT

(1.) Heard Mr. Santosh Kumar Mund, learned counsel for the petitioner and Mr. N.C. Panigrahi, learned Senior Advocate appearing for the State of Orissa (Vigilance).

(2.) The bail application of the petitioner was rejected by this Court last time in BLAPL No.1053 of 2019 vide order dated 07.08.2019 with following observations:

(3.) Mr. Mund, learned counsel for the petitioner, strenuously contended that after receipt of the order of this Court on 22.08.2019 by the learned trial Court, the trial of the case was posted on twelve dates by end of December 2019 and during that period, the evidence of only eight witnesses could be completed. The case was posted to different dates not keeping in view the provision under section 309 of Cr.P.C. in spite of observation of this Court in the last bail rejection order. He further submitted that two more witnesses were examined on 04.01.2020 and therefore, since the prosecution intended to examine 147 witnesses out of 178 charge sheet witnesses as submitted by the learned counsel for the State during the hearing of the last bail application of the petitioner before this Court and after framing of charge since 05.06.2017, only twenty five witnesses have been examined so far during a span of three years and the hearing of the main bail application would take a little more time and in the present scenario arising out of the COVID-19 pandemic, it would be difficult to conduct such hearing on video conferencing, the petitioner's interim bail application be favourably considered.