Orissa High Court
Chanti Suresh vs State Of Odisha ..... Opposite Party on 31 January, 2025
Author: Aditya Kumar Mohapatra
Bench: Aditya Kumar Mohapatra
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.13093 of 2023
Chanti Suresh ..... Petitioner
Represented By Adv. -
Asit Kumar Jena, Shyam
Manohar
-versus-
State Of Odisha ..... Opposite Party
Represented By Adv. -
S.b.panda(ncb), Mr Dipti
Ranjan Bhokta(cgc)
CORAM:
THE HON'BLE MR. JUSTICE ADITYA KUMAR
MOHAPATRA
ORDER
Order No. 31.01.2025
12. 1. This matter is taken up through Hybrid Arrangement
(Virtual /Physical Mode).
2. It is stated by the learned counsel for the petitioner that the
petitioner is languishing in custody since 26.05.2018. He further
contended that although the petitioner is in custody for almost
six to seven years however the trial has not progressed
substantially. Learned counsel for the petitioner referring to the
judgment of the Hon'ble Supreme Court in the case of Mohd.
Muslim vs. State (NCT of Delhi) in Criminal Appeal No.943 of
2023 decided on 28.03.2023. In course of his argument, learned
counsel for the petitioner also referred to Para-4, 6 and 13 of the
judgment of the Hon'ble Supreme Court in Re-Inhuman
Conditions in 1382 Prisons vs. XXX and others in Writ Petition
(Civil) No.406/2013, disposed of vide judgment dated
22.10.2024, and submitted that the Apex Court have expressed
their serious concern in respect of on the prayers of prisoners
who are languishing jail custody for long time and where the
trial has not progressed expeditiously. Learned Hon'ble Supreme
Court has also observed that continued steps be taken to ensure
that such under trial prisoners are released on bail under the
provisions of Section 479 of B.N.S.S.
3. In course of his argument learned counsel for the petitioner
also referred to Para-4 of the order dated 12.12.2024 and
submitted that this Court had, as a last chance, granted three
weeks' time to the prosecution to conclude the trial.
4. Mr. D.R.Bhokta, learned counsel appearing for the NCB
on the other hand contended that the prosecution has sited six
witnesses in the charge sheet and all six witnesses have been
examined in the meantime. Further, referring to the instruction
dated 23.01.2025, Mr. Bhokta, learned counsel for the NCB
contended that the trial is at the fag-end and in the event the
petitioner is released on bail the same would affect the trial
adversely. The aforesaid instruction further reveals that one of
the co-accused one Moogi Venkateswaralu, who was granted
bail, has absconded in the meantime, therefore the trial was spilt
up against the present petitioner. Further, in the aforesaid
instruction dated 23.01.2025, the trial Court has sought for some
more time to conclude the last phase of the trial.
5. Taking into consideration such submissions, as a last
chance, this Court grant four weeks' time to the prosecution to
conclude the trial failing which this Court is constrained to
release the petitioner on bail in accordance with the judgment of
the Hon'ble Supreme Court.
6. List this matter in the week commencing 3rd March, 2025.
( A.K. Mohapatra )
Judge
Rubi
Location: High Court of Orissa, Cuttack
