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Judgment
V. Narasingh, J
CRLA No. 1319 of 2023 & I.A. No.2946 of 2023
Heard learned counsel for the Appellant and learned counsel for the State.
Learned counsel for the State, on instruction, submits that the intimation of the case at hand has been given to the victim.
Report of the learned Court in seisin indicates that the victim has also been notified through the Court and she has engaged learned counsel Mr. Sura Das to represent her. There is no appearance on behalf of the learned counsel when the matter is called.
This CRLA has been filed by the Appellant challenging the order dated 21.11.2023 passed by the learned 3rd Additional Sessions Judge, Berhampur, Ganjam in G.R. Case No.68 of 2022, arising out of Baidyanathpur P.S. Case No.296 of 2022 for commission of offence alleged under Sections 294/506/507/376(2)(n) of IPC read with Section 3(1)(r)(u)/3(2)(v)(va) of S.C. & S.T. (POA) Act.
This is the fourth journey of the Appellant to this Court. The Appellant’s bail application i.e. BLAPL No.12076 of 2022 was
disposed of as not pressed by order dated 19.01.2023. Thereafter, the Appellant filed CRLA No.102 of 2023 which was not entertained by order dated 27.06.2023 and while disposing of the said CRLA, this Court observes thus;
“xxx xxx xxx
Leave is granted to the petitioner to renew his prayer before the learned Court in seisin after examination of the victim.”
Thereafter, the Appellant filed CRLA No.941 of 2023 which was disposed of by order dated 17.11.2023 giving liberty to the Appellant to move the learned Court in seisin for interim release on account of illness of his mother.
Such applications having been turned down, the same is assailed in the present CRLA.
On perusal of the materials on record, there is nothing to indicate regarding the illness of his mother and in view of the order already passed directing that the prayer of the Appellant to be renewed after examination of the victim, there is no scope for this Court to take a different view in this matter. Hence, the CRLA does not merit consideration.
Hence, this Court is not inclined to entertain the CRLA at this stage.
Accordingly, the CRLA along with I.A. No.2946 of 2023 stand disposed of.
Liberty is granted to the Appellant to renew his prayer at a later stage.
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