IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 14 of 2024
….
Tapan Garada Petitioner
Mr. A. Das, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. T.K. Praharaj, SC
BLAPL No. 2 of 2024
….
Bhaktanath Harijan @ Toni Petitioner
Mr. A. Das, Advocate
-versus-
….
State of Odisha Opposite Party
Mr. T.K. Praharaj, SC
CORAM:
JUSTICE V. NARASINGH
ORDER
28.03.2024
Order No.
06. 1. Since both the BLAPLs relate to the same P.S. (Nabarangpur
P.S. Case No.386 of 2022), on the consent of the learned counsel for
the Petitioners as well as State, they are taken up together.
2. Heard learned counsel for the Petitioners and learned counsel
for the State.
3. The Petitioners are accused in connection with C.T. Case
No.78 of 2022 (T), pending on the file of the learned Addl. Sessions
Judge-cum-Special Judge, Nabarangpur, arising out of Nabarangpur
P.S. Case No.386 of 2022 for alleged commission of offences under
Sections 302/34 of IPC.
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4. Learned counsel, on instruction, submits that except the
present BLAPLs, no other bail application of the Petitioners relating
to the aforementioned P.S. case is pending in any other Court.
5. Being aggrieved by the rejection of their application for bail
U/s.439 Cr.P.C. by the learned Additional District and Sessions Judge,
Nabarangpur by orders dated 20.10.2023 in the aforementioned cases,
the present BLAPLs have been filed.
6. Mr. T.K. Paraharaj, learned Standing Counsel for the State
brings to the notice of this Court that in the meanwhile C.E. Report
and M.Os. have been produced before the learned Court in seisin.
7. Taking note of the same and the role ascribed to the
not inclined
Petitioners, this Court is to entertain these bail
applications at this stage.
8. Before parting with the case, this Court reiterates its concern
relating to the inordinate delay in submission of C.E. Report and
production of M.Os. for which the trials are stalled and the accused
are languishing in judicial custody.
9. Since it is stated that the Petitioners are in custody since
01.08.2022, learned Court in seisin is requested to expedite the trial.
10. Liberty is granted to the Petitioners to renew their prayer
before the learned Court in seisin after examination of material
witnesses which shall be considered on its own merit.
11. Accordingly, both the BLAPLs stands disposed of.
(V. NARASINGH)
Judge
Santoshi
Signature Not Verified
Digitally Signed
Signed by: SANTOSHI LENKA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa
Date: 01-Apr-2024 13:51:36
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