SUNIL SAHU Vs. STATE OF ODISHA

JUDGEMENT

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

(2.) Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. This is an application under Sec. 439 of Cr.P.C. in connection with Birmaharajpur P.S. Case No. 142 of 2020 corresponding to Special Case No.12 of 2020 pending in the Court of learned Additional Sessions Judge -cum- Special Judge, Sonepur for offences punishable under Sec. 376(3)/323/354-B/341 of the Indian Penal Code read with Ss. 4 & 10 of the POCSO Act.

(3.) The petitioner moved an application for bail before the Court of learned Additional Sessions Judge -cum- Special Judge, Sonepur, which was rejected on 10/11/2022. Perused the status report dtd. 20/4/2023 from which it reveals that out of twenty seven charge witnesses, nine witnesses have been examined so far in the trial Court. Learned counsel for the petitioner submits that the petitioner is in judicial custody since 29/7/2020 and when the petitioner has approached this Court last time for bail in BLAPL No.6206 of 2021, this Court vide its order dtd. 22/7/2022 while rejecting the prayer for bail, directed the learned trial Court to expedite the trial and conclude the same by the end of December 2022 and granted liberty to the petitioner to renew his prayer for bail, if the trial is not concluded within the said period.