SUNIL SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner being in custody in Sessions Trial No.62/194/22 of 2016/17-2020 arising out of Naktideul P.S. Case No.11 of 2016 pending trial in the court of learned Additional Sessions Judge-cum-Special Court under POCSO Act for alleged commission of offence under sec. -363/366/364/302/201 of the IPC read with sec. 4 of the POCSO Act and sec. 3 of the SC&ST (PA) Act has filed this application under sec. 439 of the Cr.P.C. for his release on bail.

(2.) The prosecution has been initiated on the written report of one Prahallad Kisan, the father of the deceased. The report was to the effect that on 14/1/2016 morning, the informant's daughter having gone to fetch water did not return. As on a prior occasion, the petitioner had attempted to kill the informant by firing; finger of suspicion was pointed out at the petitioner. On completion of investigation chargesheet was filed on 22/4/2016.

(3.) At the outset, learned counsel for the State raises an objection as to the maintainability of the application under sec. 439 of the Cr.P.C. According to him, the order dtd. 8/10/2020 passed by the learned Addl. Sessions Judge-cum-Special Court under POCSO Act; Sambalpur ought to have called in question by filing appeal under sec. 14(A) of the SC and ST (PA) Act.