Bijay Chandra Mendli vs State Of Odisha
2021 Latest Caselaw 6375 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                           BLAPL No. 4210 of 2021

              Bijay Chandra Mendli                     ....       Petitioner

                                     Mr. A.P. Bose, Advocate

                                        -versus-
              State of Odisha                          ....       Opp. Party

                                     Mr. S.S. Pradhan,
                                     Addl. Government Advocate

                                    CORAM:
                                JUSTICE S.K. SAHOO
                                       ORDER

Order No. 18.06.2021

02. This matter is taken up by video conferencing mode.

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Patnagarh P.S. Case No.43 of 2019 corresponding to 2(a) C.C. Case No.02 of 2019 pending in the Court of learned Special Judge -cum- Addl. Sessions Judge, Patnagarh for alleged commission of offence under section 20(b)(ii)(C) of the N.D.P.S. Act.

The prayer for bail of the petitioner has been rejected by the learned Additional Sessions Judge, Patnagarh by order dated 11.05.2021.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since March 2019 and the case was posted in the learned trial Court for argument to 10.06.2021 but could not be taken place and in view of the period of detention of the petitioner in judicial custody and the // 2 //

stage of trial, direction may be issued to the learned trial Court to conclude the trial at an earliest.

Learned counsel for the State has no serious objection to the same.

Considering the submissions made by the learned counsel for the respective parties, the stage of trial and the period of detention of the petitioner in judicial custody, I direct the learned trial Court to conclude the trial by pronouncing the judgment within a period of one month from the date of conclusion of argument.

Accordingly, the BLAPL is disposed of. Let a copy of the order be sent to the learned trial Court for compliance.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No. 4587 dated 25th March 2020 as modified by Court's Notice No. 4798 dated 15th April 2021.

( S.K. Sahoo) Judge RKM