The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK IN THE HIGH COURT OF ORISSA AT CUTTACK IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 416 of 2022 Maheswar Naik Maheswar Naik Mr. S.K.Bhanjadeo …. Petitioner .K.Bhanjadeo , Advocate State of Odisha State of Odisha -versus- Opposite Party Opposite Party G.R.Mohapatra,SC Mr.G.R.Mohapatra,SC …. CORAM: CORAM: THE JUSTICE S. K. PANIGRAHI THE JUSTICE S. K. PANIGRAHI THE JUSTICE S. K. PANIGRAHI
Decision
Order No. ORDER 25.03.2022 03. . This matter is taken up by video conferencing mode. 1. This matter is taken up by video conferencing mode. . This matter is taken up by video conferencing mode. learned counsel for the petitioner and learned learned counsel for the petitioner and learned 2. Heard learned counsel for the petitioner and learned counsel for the State. counsel for the State. 3. The petitioner The petitioner being in custody in connection with in custody in connection with Excise District Mobile Khurda P.R. Case No.133 of 2019 District Mobile Khurda 133 of 2019-20 corresponding to T.R Case No. 82 of 2019 pending in the corresponding to T.R Case No. 82 of 2019 pending in the court of learned Additional Sessions Judge-Cum court of lear Cum-Special Judge Under N.D.P.S. Act, Khurda Under N.D.P.S. Act, Khurda registered for the registered for the alleged commission of offence under Section 20(b)( alleged commission of offence under Section 20(b)(ii)(C)of the NDPS Act, has filed this application under Section 439 the NDPS Act, has filed this application under Section 439 the NDPS Act, has filed this application under Section 439 of CrPC for his release on bail. of CrPC for his release on bail. 4. The brief he brief facts of the prosecution case are facts of the prosecution case are that on 27.11.2019 2019 at about 4 A.M. while the informant, along .M. while the informant, along performing night patrolling duty, they with his staff were performing night patrolling duty, they with his staff w // 2 // bearing witnessed a Maruti Dzire car bearing witnessed a Maruti Dzire car Temporary Temporary approaching Registration Mark No.OR/7/TMP/2019/1597 approaching Registration Mark No.OR/7/TMP/2019/1597 towards them. On suspicion they detained the car and towards them. On suspicion they detained the car and towards them. On suspicion they detained the car and seized 56kgs of Contraband Ganja. seized 56kgs of Contraband Ganja. Learned Counsel for the petitioner submits that the 5. Learned Counsel for the petitioner submits that the Learned Counsel for the petitioner submits that the prosecution allegations prosecution allegations leveled against against leveled the present the present are false, baseless and concocted. The petitioner petitioner are false, baseless and concocted. The petitioner are false, baseless and concocted. The petitioner in no way connected with the offence as alleged by the is in no way connected with the offence as alleged by the in no way connected with the offence as alleged by the prosecution. The petitioner is a respectable member of the prosecution. The petitioner is a respectable member of the society and has no criminal precedents. society and has no criminal precedents. The petitioner is in The petitioner is in custody since 27.11.2019. The trial is yet to be commenced custody since 27.11.2019.The trial is yet to be commenced and there is less likel ihood of completion of trial in near and there is less likelihood of completion of trial in near future. Learned counsel for the State vehemently opposed the 6. Learned counsel for the State vehemently opposed the Learned counsel for the State vehemently opposed the bail application with the submission that the quantity of bail application with the submission that the quantity of bail application with the submission that the quantity of ganja is above the commercial quantity. ganja is above the commercial quantity. The Petitioner has already spent in custody for about 7. The Petitioner has already spent in custody for about The Petitioner has already spent in custody for about more than one year. The Hon’ble Apex Court, time and more than one year. The Hon’ble Apex Court, time and more than one year. The Hon’ble Apex Court, time and again, has expressed displeasure on the delay of trial of the again, has expressed displeasure on the delay of trial of the again, has expressed displeasure on the delay of trial of the under trial prisoners and their sufferings due to such delay. under trial prisoners and their sufferings due to such delay. under trial prisoners and their sufferings due to such delay. Hussainara Khatoon (I) v. The Hon’ble Apex Court in Hussainara Khatoon (I) v. The Hon’ble Apex Court in State of Bihar1 has observed that “speedy trial is not speedy trial is not State of Bihar specifically enumerated as a fundamental right in India; it specifically enumerated as a fundamental right in India; it specifically enumerated as a fundamental right in India; it is implicit in a broad sweep and content of Article 21 of the is implicit in a broad sweep and content of Article 21 of the is implicit in a broad sweep and content of Article 21 of the Indian Constitution”. Certain provisions of the Cr.P Indian Constitution ”. Certain provisions of the Cr.P.C. also 1 (1980) 1 SCC 81 Page 2 of 4 // 3 // impose a statutory obligation upon the courts to proceed the impose a statutory obligation upon the courts to proceed the impose a statutory obligation upon the courts to proceed the trial “expeditiously” so that the case could be disposed of trial “expeditiously” so that the case could be disposed of trial “expeditiously” so that the case could be disposed of without inordinate delay. The speedy trial of offences is a without inordinate delay. The speedy trial of offences is a without inordinate delay. The speedy trial of offences is a desirable goal because long delay can defeat justice. There desirable goal because long delay can defeat justice. There desirable goal because long delay can defeat justice. There is a common proverb ommon proverb - ‘delay defeats justice’. Hence, it is . Hence, it is said that speedy justice is the essence of an organised said that speedy justice is the essence of an organised said that speedy justice is the essence of an organised society and so, cases should be decided as early as possible. society and so, cases should be decided as early as possible. society and so, cases should be decided as early as possible. The present case fails to confirm to the aforesaid stand as The present case fails to confirm to the aforesaid stand as The present case fails to confirm to the aforesaid stand as articulated by the Hon’ble Apex Court. articulated by the Hon’b However, having heard learned counsel for the parties 8. However, having heard learned counsel for the parties However, having heard learned counsel for the parties and taking into account the prolonged detention of the and taking into account the prolonged detention of the and taking into account the prolonged detention of the petitioner in custody for about more than two year petitioner in custody for about more than years and, it is directed that the petitioner be released on bail in the is directed that the petitioner be released on bail in the is directed that the petitioner be released on bail in the aforesaid case by the learned court in seisin over the matter aforesaid case by the learned court in seisin over the matter aforesaid case by the learned court in seisin over the matter with some stringent terms and conditions as deemed just with some stringent terms and conditions as deemed just with some stringent terms and conditions as deemed just and proper including the conditions that:- and proper including the conditions that: r before the court i. the petitioner shall appear before the court i. the petitioner shall ap below on each date of posting of the case; below on ii. he shall not involve himself in any criminal ii. he shall not involve himself in any criminal ii. he shall not involve himself in any criminal offence while on bail; and offence while on bail; and secution iii. he shall not tamper with the prosecution iii. he shall not tamper with the pro evidence in any manner and evidence in any manner and e receipt before iv. the petitioner shall submit th iv. the petitioner shall submit the receipt before the court below showing deposit of Rs.5000/- in the court below showing deposit of Rs.5000/ the court below showing deposit of Rs.5000/ Welfare Fund of High Court Bar Association Welfare Fund of High Court Bar Association the Welfare Fund of High Court Bar Association because he has suppressed before this Court that because he has suppressed before this Court that because he has suppressed before this Court that another bail application has been filed before the another bail application has been filed before the another bail application has been filed before the Court below and also another bail application Court below and also another bail application vide BLAPL No.802 of 2022 has been filed vide BLAPL No.802 of 2022 has been filed vide BLAPL No.802 of 2022 has been filed Page 3 of 4 // 4 // by the present petitioner before this Court by the present petitioner before this Court through different counsel. through different counsel. Violation of any of the conditions, shall entail Violation of any of the conditions, shall entail Violation of any of the conditions, shall entail cancellation of bail. cancellation of bail. 9. The BLAPL is, accordingly, disposed of. The BLAPL is, accordingly, disposed of. 10. Issue urgent urgent certified copy as per Rules. Judge (S. K. Panigrahi) (S. K. Panigrahi) LB Page 4 of 4