SIBA SHANKAR DASH Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Appellant seeks bail under Sec. 439 Cr.P.C. read with Sec. 14-A of the SC and ST (PoA) Act.

(2.) The offences alleged are under Ss. 448/420/386/ 387/294/506/467/468/471/120-B/34 of the I.P.C., Sec. 25(1B)/ 27 of the Arms Act and Sec. 3(1)(iv)(r)/3(2)(v) of the SC and ST (PoA) Act in five Cases Viz., G.R. Case No. 22/2017, 27/2018, 6/2019, 7/2019 and 8/2019 pending before the learned 2nd Additional Sessions Judge -cum- Spl. Judge, Berhampur. Present appeals are arising out of those five G.R.Cases.

(3.) It is submitted on behalf of the Appellant that he is inside custody since 18/1/2018 in G.R.Case No.22/2017, 17/1/2019 in G.R.Case No.27/2018, 2/4/2019 in G.R.Case No.6/2019 and 18/6/2019 in G.R.Case No.7 of 2019. It is further submitted that his prayer for bail was earlier rejected twice by this Court in CRLA Nos.672, 195, 470, 670 and 919 of 2019; and CRLA Nos. 192, 193, 194, 195 and 196 of 2020 respectively. On those last two occasions this Court while rejecting the prayer for bail has categorically directed the trial court to complete the trial as expeditiously as possible in terms of the principles prescribed by the Hon'ble Supreme Court in the case of Hussain and another Vrs. Union of India and another, (2017) 5 SCC 702 and in spite of such directions of this Court, the trial did not progress substantially and is still pending. It is therefore submitted that keeping in view the delay in completion of trial, the Appellant should be released on bail.