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2025 DAILYLAW 29475 (ORI)

CHANDAN KARJEE@SMITA RANJAN KRJEE v. STATE OF ODISHA

BLAPL/3509/2024 · 2025-01-09

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3509 of 2024 Chandan Karjee @ Smita Ranjan Krjee …. Petitioner Mr. S. Dwibedi, Advocate -Versus- State of Orissa …. Opposite Party Mr. R. Pradhan, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 09.01.2025 04. 1. Heard Mr. Dwibedi, learned counsel for the petitioner and Mr. Pradhan, learned ASC for the State. 2. Instant petition under Section 439 Cr.P.C. is filed for release of the petitioner on bail in connection with C.T. Case No.4 of 2024 pending in the file of learned Additional Sessions Judge-cum-Special Judge (POCSO) Act, Phulbani corresponding to Daringbadi P.S. Case No.11 of 2024 on the grounds stated. 3. Mr. Dwibedi, learned counsel for the petitioner submits that the trial is in progress and as many as 15 to 16 witnesses have been examined from the side of the prosecution out of 21. It is submitted that the victim is already examined during trial and other material witnesses as well, hence, therefore, the petitioner, who is in custody since the date of arrest, should be allowed to go bail subject to any conditions, however, Mr. Pradhan, learned ASC strongly objects to it on the ground that the case of rape is well made out against him. 4. A copy of the statement of victim recorded under Section 161 Cr.P.C. is made available to the Court by Mr. Pradhan, learned ASC and the same is perused. Considering the submission as above and since the trial is mid-way and nearly 15 to 16 witnesses are already examined, the Court, without expressing anything on merit of the case, is of the view that the plea for considering release of the petitioner should be declined at present, however, it should be followed by a direction to learned court below to conclude the trial at the earliest. 5. Accordingly, it is ordered. 6. In the result, the petition under Section 439 Cr.P.C. stands disposed of with the direction to learned Additional Sessions Judge- cum-Special Judge (POCSO) Act, Phulbani to expedite the trial and ensure closure of the same in connection with C.T. Case No.4 of 2024 arising out of Daringbadi P.S. Case No.11 of 2024 as soon as possible preferably within a period of three months from the date of receipt of a copy of this order. 7. The BLAPL is disposed of. 8. Urgent certified copy of this order be granted as per rules. 9. A copy of the order be communicated to the court concerned forthwith. (R.K. Pattanaik) Judge TUDU Designation: Sr. Stenographer