Dhana @ Dhaneswar Barik vs State Of Odisha
2023 Latest Caselaw 1795 Ori

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                          BLAPL No. 6130 of 2022

              Dhana @ Dhaneswar Barik ....             Petitioner

                                Mr. Ashok Das, Advocate

                                   -versus-

              State of Odisha                 ....     Opp. Party


                                Mr. P.B. Tripathy
                                Addl. Standing Counsel

                                 CORAM:
                            JUSTICE S.K. SAHOO

                                  ORDER

Order No. 27.02.2023

04. This matter is taken up through Hybrid arrangement (video conferencing/physical 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 G.R. Case No.37(A) of 2009 arising out of Ranpur P.S. Case No.37 of 2009 pending in the Court of learned J.M.F.C., Ranpur for offences punishable under sections 302/34 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Nayagarh (I/c) vide order dated 17.06.2022.

Perused the status report and the case diary and the // 2 //

judgment and order dated 16.09.2013 under section 302/34 of the Indian Penal Code in respect of co-accused persons, namely, Kulamani Barik and Bhimasen Barik, who were found guilty by the learned Additional Sessions Judge, Nayagarh in S.T. Case No.55/177 of 2013/2009 and sentenced to undergo R.I. for life and to pay a fine of Rs.10,000/- (rupees ten thousand) each, in default, to undergo further R.I. for six months each.

The case was instituted on 22.02.2009 and on completion of investigation, charge sheet was submitted on 23.06.2009 and the petitioner was shown as an absconder in the charge sheet. N.B.W.(A) was issued against the petitioner and he was taken into judicial custody only on 12.05.2022.

Learned counsel for the petitioner submitted that there is absolutely no material against the petitioner.

Learned counsel for the State opposed the prayer for bail on the ground that grant of bail to the petitioner would further delay the trial of the case and more particularly, when the trial Court has already found the accused persons guilty of the offence charged, at this stage, it cannot be said that there is no material against the petitioner.

Considering the submissions made by the learned counsel for the respective parties, the absconding of the petitioner for about twelve years and the nature of accusation against the petitioner, at this stage, while not

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inclining to release the petitioner on bail, I direct the learned trial Court to expedite the trial and conclude the same by end of December 2023. The petitioner is at liberty to renew his prayer for bail, if the trial is not concluded within the aforesaid period.

Accordingly, the BLAPL is disposed of. A copy of the order be communicated to the learned trial Court for compliance.

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

( S.K. Sahoo) Judge RKM