LULUP BEHERA Vs. STATE OF ODISHA

JUDGEMENT

(1.) A.D. is returned from respondent No.2 after valid service. None appears for the respondent No.2 when the matter is called.

(2.) Perused the report dtd. 3/5/2023 of the learned Addl. District and Sessions Judge, Dhenkanal, wherein he has stated that in C.T. (Special) Case No.74 of 2016, the accused Mitu Swain @ Munda has been arrested on 9/1/2016 and charge was framed in the case on 18/3/2017 and he has been released on bail on 18/1/2023 pursuant to order of this Court passed in CRLA No.323 of 2022 and in the said trial, out of total 35 witnesses, 21 witnesses including the informant has been examined, cross-examined and discharged. P.W.21 was examined on 2/5/2023. Now the case is posted to 21/6/2023. In C.T. (Spl) Case No.74 (A) of 2016, charge sheet was submitted against the petitioner on 29/5/2018 under Ss. 302/201/34 of IPC read with Sec. 3 (2) (v) of SC and ST (PoA) Act and he was arrested on 10/3/2018. After the case was transferred to the said Court, charge has been framed on 18/3/2019 against the appellant and out of 35 witnesses mentioned in the charge sheet, 23 witnesses including the informant and P.W.23 were examined on 2/5/2023 and now the case is posted to 21/6/2023 for hearing.

(3.) Mr.S.K.Rout, learned counsel for the petitioner submits that the petitioner is in custody for more than five years and co-accused Mitu Swain @ Munda has been released on bail pursuant to the order passed by this Court in CRLA No.323 of 2022. He also submits that he has copies of the depositions of the witnesses and he shall file the same for perusal of the Court.