Supreme Court
Case Details
IN THE HIGH IGH COURT OF ORISSA AT CUTTAC ACK BLAPL No.828 of 2022 Sk. Rajit @ Ra Raja …. Mr. Smruti Ra Petitioner Ranjan Rout, Adv. State of Odish -versus- isha …. Oppos Ms. J. Sahoo posite Party hoo ASC Order No.5 F.I. R. No. 555 C CORAM: JUSTICE S.K. PANIGRAHI JU ORDER 05.02.2025 Sectio ctions 120(B)/109 302/449/120 of /34 /457/380/34 I.P.C. Dated Police Statio n .2020 Sadar S.T. Case No. and Courts’ Name 20.10.2020 Case of in No.198 2021 connection with P.S. Case No.555 2020 of in pending the court of learned 1st Additional Sessions Judge, Cuttack 1. This matter ter is taken up by hybrid mode. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 06-Feb-2025 19:13:22 counsel for the the State. 2. Heard lear learned counsel for the petitioner an and learned // 2 // 3. The Petition tioner is being in custody in connection w on with Sadar P.S. Case No. o.555 of 2020 corresponding to S.T. Ca . Case No.198 of 2021, pen pending before the court of the le learned 1st Additional Ses Sessions Judge, Cuttack registered for t or the alleged n commission of offence under Sections 302/449/120(B) 0(B)/109/457/380/34 of the Indian Penal nal Code has filed this app application under Section 439 of Cr.P. r.P.C. for his bail. release on bail 4. The prosec secution story, in brief, is that on 20. 20.10.2020 at about 12.02 P 2 P.M., the informant received inform rmation that someone killed illed her sister and health condition is se is serious and when he hear eard the same immediately went to the the house of the deceased a d and found the deceased Pravasini Pra Pradhan died on her bed. Then he suspected that her husban band namely Gopal Behera era committed murder to her siste ister. Hence, reported the m e matter for legal action. 5. Learned c counsel for the petitioner submits its that the Petitioner has has been in custody since 03.11.2020. Fu Further, the Petitioner sub submits that seven witnesses have been een examined out of twenty nty-four witnesses and the trial is not li t likely to be concluded in in the near future. He further submit mits that the Petitioner was was not the prime accused in this case ase rather he was only acc accompanied with the person who h o had given money to the he supari killer. Since the Petitioner sp spent such a Page 2 of 6 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 06-Feb-2025 19:13:22 // 3 // long time wh which is more than three years in cu custody, the Petitioner dese eserves to be released on bail. 6. Learned cou counsel for the Petitioner submits that th t the Hon'ble Supreme Cour ourt has held that right to have speedy edy trial is a fundamental r al right of a citizen. Hence, keeping a g a person in custody for su r such a long time without any trial is no s not justified and violative ive of his fundamental right. The impo mportance of speedy trial h l has been emphasized in the case of H Hussainara Khatoon & Or Ors. vs Home Secretary, State of Biha ihar, wherein the Hon'ble Su e Supreme Court has iterated that: "Spee judgm ingred guara obliga would canno of spe State the ne admin ensur peedy trial is, as held by us in our dgment dated 26th February, 1979, an es gredient of 'reasonable, fair and just" pro aranteed by Article 21 and it is the constitu ligation of the State to device such a proced uld ensure speedy trial to the accused. The nnot be permitted to deny the constitutiona speedy trial to the accused on the ground th ate has no adequate financial resources to e necessary expenditure needed for improvi ministrative and judicial apparatus with a v suring speedy trial." ur earlier essential procedure titutional cedure as The State al right d that the to incur oving the a view to 7. He further her argues that the period of long inc incarceration suffered, whic hich entitle the Petitioner for grant of b of bail. Right to Speedy tri trial is a fundamental right of an u n under trial prisoner and t d this observations have been resonated ted, time and in se several judgments including that t of Kadra Page 3 of 6 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 06-Feb-2025 19:13:22 again, // 4 // Pahadiya & O Ors. v. State of Bihar1 wherein it has has been held that the obliga ligation of the State or the complainant, a nt, as the case may be, to proceed with to the case with r reasonable promptitude. e. Particularly, in a country like ours, rs, where the large majority rity of the accused come from poorer an r and weaker sections of the the society and are not versed with laws aws and after face the deart earth of competent legal advice. Of co course, in a given case, if a , if an accused demands speedy trial and and yet he is not given one, ne, may be a relevant factor in his favo avour. But an accused cann annot be disentitled from compla plaining of infringement o nt of his right to speedy trial on the gr ground that he did not ask ask for or insist upon a speedy trial. 8. The Suprem reme Court has also held in Mohd. Muslim @ Hussain v. S . State (NCT of Delhi)2 that incarcer rceration has further deleter eterious effects where the accused belo elongs to the weakest econo onomic strata: immediate loss of liveliho lihood, and in several cases, es, scattering of families as well as loss loss of family bonds and alie alienation from society. The courts there erefore, have to be sensitive itive to these aspects (because in the ev e event of an acquittal, the he loss to the accused is irreparable), a ), and ensure that trials - e especially in cases, where special la l laws enact stringent prov visions, are taken up and concluded sp d speedily. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 06-Feb-2025 19:13:22 1 1981)3 SCC 671 2 SLP (Crl.) No. 915 of 2023 2023 Page 4 of 6 // 5 // 9. Learned cou counsel for the State vehemently oppose osed the bail prayer of the p petitioner. 10. Without go t going into the merits of the case and t taking into account the pe e period of detention, this Court is of th f the opinion that the Pet etitioner deserves to be released ed on bail. Accordingly, , it is directed that the Petitioner be re e released on bail in the af aforesaid case with some stringent t nt terms and conditions as d as deemed just and proper by the learne rned court in seisin over the - the matter with further conditions that:- i. the trial co he petitioner shall appear before the l l court on each date of posting of the cas he learned case; ii. he offenc he shall not indulge himself in any c ence while on bail; and y criminal iii he prosec he shall not tamper with the evidence secution witnesses in any manner. nce of the iv. the varieti his v land/p Petitio unava shall a the Petitioner, shall plant 100 saplings rieties like mango, neem, tamarind etc., village on Government land/com d/private land, if it is in the possession titioner or his family members. In c availability of land, the Revenue Au ll assist to indentify the land for plan gs of local tc., around ommunity sion of the n case of Authority plantation. Violation of of any of the above conditions sh shall entail cancellation of n of the bail. 11. The I.I.C. o C. of the concerned Police Station, in coo coordination with the loca local Forest Officer, shall monitor wh whether the Petitioner has as planted the saplings or not. Page 5 of 6 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 06-Feb-2025 19:13:22 // 6 // 12. It is furthe rther made clear that the Petitioner sh shall file an affidavit after fter the plantation of the saplings before fore the local Police Station, ion, assuring that he shall maintain thos hose saplings rs. for two years. 13. The Distric strict Nursery/D.F.O. shall extend a help helping hand by supplying t ng the saplings to the Petitioner. 14. The BLAPL
Decision
APL is accordingly disposed of. (Dr. S.K.Panig Judge nigrahi) Sumitra Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 06-Feb-2025 19:13:22 Page 6 of 6