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Judgment
Sashikanta Mishra, J
This matter is taken up through hybrid mode.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is in custody since 14.05.2015 in connection with Chandua P.S. Case No. 37 of 2009 (CID P.S. Case No. 28 of 2009) corresponding to G.R. Case No. 1187 of 2009 pending in the court of the learned SDJM, Baripada for the alleged commission of offence under Sections 302/34 if IPC r/w Sections 25 and 27 Arms Act.
It is submitted that he was not originally named but subsequently he was charge sheeted. It is seen from the case record that a AK 47 was recovered from his possession. Besides, his complicity is also proved from the disclosure statement of the co-accused. That apart, this Court finds that only 16 out of 56 witnesses have been examined. The prosecution allegation is that the petitioner and several other persons claiming themselves to be Maoists committed murder of three persons in cold blood.
Learned counsel for the petitioner referring to the depositions of the witnesses already examined submits that the involvement of the petitioner cannot be inferred from their statements.
Learned State counsel however opposes the prayer for bail vehemently by submitting that recovery of the weapon by itself proves the involvement of the petitioner. That apart, several other material witnesses are yet to be examined.
Taking into consideration all the above facts, this Court is not inclined to allow the prayer for bail, which is therefore rejected. However, considering the long period of detention of the petitioner in custody as an under trial, this Court directs the Court below to take all necessary steps to conclude the trial as early as possible preferably within a period of six months.
The BLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
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