NANDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

(2.) Heard learned counsel for the petitioner and learned counsel for the State. This is an application under Sec. 439 of Cr.P.C. in connection with Lalbag P.S. Case No.198 of 2019 corresponding to S.T. Case No.16 of 2021 pending in the Court of learned 3rd Addl. Sessions Judge, Cuttack for offence punishable under Sec. 302 of the Indian Penal Code.

(3.) The petitioner moved an application for bail before the Court of learned 3rd Addl. Sessions Judge, Cuttack, which was rejected on 24/12/2022. Learned counsel for the petitioner submitted that this is the 3rd successive bail application of the petitioner and the petitioner was taken into judicial custody in connection with this case on 21/9/2019 and he has been charge sheeted under Sec. 302 of the Indian Penal Code. Learned counsel further submitted that in the learned trial Court, out of twenty five charge sheeted witnesses, seven witnesses have already been examined so far and earlier when the petitioner approached this Court for bail in BLAPL No.3956 of 2022 while not inclining to grant bail to the petitioner, direction was issued to the learned trial Court to expedite the trial and make every endeavour to conclude the same by end of December 2022 and in spite of such direction, the trial has not concluded and, therefore, the bail application of the petitioner may be favourably considered.