Orissa High Court
Saroj Sethi vs State Of Odisha on 29 November, 2023
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No.325 of 2021
Saroj Sethi .... Appellant
Mr. Manas Chand, Advocate
-versus-
1. State of Odisha .... Respondents
2. Ashok Kumar Sahoo
Mr. P.B. Tripathy
Addl. Standing Counsel
Ms. Padmalaya Mohapatra,
advocate for respondent no.2
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 29.11.2023
19. This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard the learned counsel for the appellant and
learned counsel for the State.
This is an appeal under section 101(5) of Juvenile
Justice (Care and Protection of Children) Act, 2015 in
connection with C.I.D., C.B., P.S. Case No.14 of 2020
corresponding to T.R. Case No.08 of 2021 pending in
the Court of learned Addl. Sessions Judge -cum-
Judge, Children's Court, Nayagarh for offences
punishable under sections 376(A)/376(AB)/363/364/
302/201 of the Indian Penal Code read with section 6
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of the POCSO Act.
The appellant moved an application for bail before
the Court of learned Addl. Sessions Judge -cum-
Judge, Children's Court, Nayagarh, which was rejected
on 24.03.2021.
As per the order dated 20.11.2023, learned Addl.
Sessions Judge -cum- Children's Court, Nayagarh has
furnished a report wherein it is indicated that after
closure of evidence from the side of prosecution, the
accused statement was recorded and then, the defence
examined one witness and the evidence from the side
of defence was also closed on 30.10.2023 and on that
day, the prosecution filed a petition along with call
detail report of the relatives of the C.C.L. to mark the
same as exhibit and after filing of objection by the
counsel of the C.C.L. and hearing from both the sides
on the petition, the case was posted to 25.11.2023 for
order on the said petition.
Learned counsel for the petitioner submitted that
on 25.11.2023, no order was passed on the said
petition and the case is now posted to 30.11.2023 for
order and he further submitted that the petitioner is in
judicial custody since 21.12.2020.
In view of such submission and on hearing learned
counsel for both the parties and progress of the trial, I
am not inclined release the appellant on bail. However,
the learned trial Court shall do well to pass order on
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the petition filed by the prosecution at an earliest and
also take up the argument of the case and pronounce
the judgment as early as possible, preferably, by end of
February 2024. The learned trial Court shall not grant
any adjournment to any of the parties for the
argument. The appellant is at liberty to renew his
prayer for bail if the judgment is not pronounced by the
end of February 2024 .
The CRLA stands disposed of.
The order be communicated to the learned trial
Court forthwith by the learned Registrar (Judicial)
immediately through e-mail during the course of the
day.
( S.K. Sahoo)
Judge
Sipun
Designation: Junior Stenographer
Reason: Authentication
Location: HIGH COURT OF ORISSA, CUTTACK
Date: 30-Nov-2023 16:25:29
