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IN THE HIGH COURT OF ORISSA AT CUTTACK
Dibya Lochan Behera
State of Odisha
Order
No.
03. 1. This matter is taken up
2. Heard learned
for the State.
3. The petitioner
of Choudwar P.S. Case No.432 of 2000
Addl. Sessions Judge, Cuttack
Sections 420, 468, 471, 272 and 273 of the IPC. He has filed this
petition for bail.
4. The petitioner had approached this Court for bail in BLAPL
No.6900/2020, which was dismissed on 23.03.2021 with a direction to
the trial court to conclude the
the date of the order. Even after such direction, the trial court could not
conclude the trial within the time stipulated by this Court. Again
petitioner had approached this Court by filing BLAPL No.4282/2021
which was disposed of by this Court vide order dated 23.12.2021 with
a direction to the trial court to complete the trial by 31
2022. The trial court has failed to comply the
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 1163 of 2022
Dibya Lochan Behera
….
Mr. Yasobant Das, Sr. A
-versus-
State of Odisha
….
Opposite Party
Mr. G.R. Mohapatra, ASC
CORAM: JUSTICE S. K. PANIGRAHI
ORDER
22.03.2022
This matter is taken up through hybrid mode.
Heard learned senior counsel for the petitioner and learned counsel
The petitioner is an accused in S.T. Case No.111/2021, a
of Choudwar P.S. Case No.432 of 2000, of the court of learned 3
Addl. Sessions Judge, Cuttack for commission of offence
Sections 420, 468, 471, 272 and 273 of the IPC. He has filed this
petition for bail.
4. The petitioner had approached this Court for bail in BLAPL
No.6900/2020, which was dismissed on 23.03.2021 with a direction to
the trial court to conclude the trial within a period of six months from
the date of the order. Even after such direction, the trial court could not
conclude the trial within the time stipulated by this Court. Again
petitioner had approached this Court by filing BLAPL No.4282/2021
which was disposed of by this Court vide order dated 23.12.2021 with
a direction to the trial court to complete the trial by 31
he trial court has failed to comply the said order
IN THE HIGH COURT OF ORISSA AT CUTTACK
Petitioner
Yasobant Das, Sr. Advocate
Opposite Party
G.R. Mohapatra, ASC
JUSTICE S. K. PANIGRAHI
counsel for the petitioner and learned counsel
S.T. Case No.111/2021, arising out
of the court of learned 3rd
for commission of offence under
Sections 420, 468, 471, 272 and 273 of the IPC. He has filed this
4. The petitioner had approached this Court for bail in BLAPL
No.6900/2020, which was dismissed on 23.03.2021 with a direction to
trial within a period of six months from
the date of the order. Even after such direction, the trial court could not
conclude the trial within the time stipulated by this Court. Again, the
petitioner had approached this Court by filing BLAPL No.4282/2021,
which was disposed of by this Court vide order dated 23.12.2021 with
a direction to the trial court to complete the trial by 31st of January,
order. Again, this
Court called for
Sessions Judge, Cuttack
explained that due to 3
not be completed and in the meantime, two witnesses are dead and
three witnesses are yet to be
to the learned 3rd
completed.
5. It is submitted that
he is the only earning member of the family and he undertakes
appear before the trial court on each date of posting of trial without
fail.
6. In view of such undertaking and the period of detention of the
petitioner and also the failure to complete the trial in time, the BLAPL
is allowed.
7. Furthermore, t
near future. The Hon’ble Apex Court, time and again, has expressed
displeasure on the delay of trial of the undertrial prisoners and their
sufferings due to such delay. The Hon’ble Apex Court in
Hussainara Khatoon (I) v. State of Bihar,
trial is not specifically enumerated as a fundamental right in India;
