Bikram Keshari Mishra vs State Of Odisha
2023 Latest Caselaw 3568 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                          CRLA No.573 of 2022

              Bikram Keshari Mishra               ....      Appellant

                                 Ms. Bini Mishra, Advocate

                                       -versus-
              1. State of Odisha
              2. Itishree Jena                    ....   Respondents

                                 Mrs. Susamarani Sahoo,
                                 Addl. Standing Counsel
                                 Mr. P.K.Sahoo
                                 Advocate for respondent no.2

                                 CORAM:
                            JUSTICE S.K. SAHOO
                                   ORDER

Order No. 17.04.2023

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

Heard learned counsel for the appellant and learned counsel for the State as well as learned counsel for the informant.

This is an appeal under section 14-A of S.C. & S.T. (PoA) Act, 1989 in connection with T.R. Case No.652 of 2019 arising out of Dhauli P.S. Case No.171 of 2019 pending in the Court of learned Sessions Judge (K), Bhubaneswar for offences punishable under sections 306/493/506 of the Indian Penal Code read with sections 3(1)(r)/(1)(s)(w) of the S.C. & S.T.

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(PoA) Act.

As per the order of this Court dated 29.03.2023 passed in I.A. No.521 of 2023, learned counsel for the State has produced written instruction dated 10.04.2023 received from the Inspector in-charge of Simulia Police Station, Balasore which indicates that the father of the petitioner is suffering from right side Hemiplegia and he is now bed ridden in his home and his higher medical treatment is necessary and there is no male member in the house of the petitioner to look after the health condition of his ailing father.

Learned counsel for the informant has pointed out that the case is now posted in the trial Court tomorrow i.e., 18.04.2023 for recording of the accused statement and the judgment is likely to be pronounced by May 2023 provided that petitioner cooperates in the trial as he had taken unnecessary adjournment on earlier occasions.

Learned counsel for the appellant however, submitted that the appellant is ready and willing to co-operate with the trial Court for early disposal of the case.

Considering the submissions made by the learned counsel for the respective parties, the stage of the trial, while not inclining to release the appellant on bail on merit, but taking into account the report obtained by the learned counsel for the State from the

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Inspector in-charge of Simulia Police Station, I am inclined to release the appellant on bail for a period of fifteen days. He will be released only after recording of his accused statement and he will furnish the memo as to whether he intends to examine any defence witness and if so, the list of defence witnesses. On filing of such memo by the defence, the Court shall fix a short date for examination of the defence witnesses and thereafter try to make every endeavor to conclude the trial and pronounce the judgment by the end of July 2023.

Accordingly, the CRLA is disposed of. A copy of the order be communicated to the learned trial Court by the Registrar (Judicial) in course of the day.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge

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