JUSTICE v. NARASINGH ORDER
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK Vinod Singh BLAPL No. 682 of 2024 …. Mr. R.C. Maharana, Advocate Petitioner -versus- State of Odisha …. Opposite Party Mr. K.K. Gaya,ASC CORAM: JUSTICE V. NARASINGH
Decision
ORDER 14.03.2024 02. Order No. 1. Heard the learned counsel for the Petitioner and learned counsel for the State. 2. The Petitioner is an accused in connection with T.R. Case No.529 of 2021 pending on the file of learned 5th Addl. Sessions Judge, Bhubaneswar, arising out of G.R.P.,Bhubaneswar P.S. Case No.113 of 2021 for commission of offence alleged under Sections- 20(b)(ii)(c) of NDPS Act. 3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court. 4. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 5th Addl. Sessions Judge(I/c), Bhubaneswar by order dated 17.01.2024 in the aforementioned case, the present BLAPL has been filed. 5. At the outset, learned counsel for the Petitioner submits that though this Petitioner moved this Court earlier in BLAPL Page 1 of 4 No.6900 of 2022, which was dismissed for non-prosecution by order dated 23.11.2022. But, the same has inadvertently not noted in the certificate. He files a memo to the said effect. The same is taken on record and be treated as part of this order. 6. Admittedly, the Petitioner is in custody since 30.11.2021 along with two other co-accused Sudha Devi and Sanjay Kumar Singh on the accusation of possessing contraband(ganja) to the tune of 142 kg 900 grams. 7. It is submitted by the learned counsel though charge sheet in the case at hand has been filed on 04.07.2022, the case has not moved beyond framing of charge on 04.07.2022. 8. It is his further submission that taking note of long incarceration and non-progress in trial, this Court by order dated 18.10.2023 directed release of the co-accused Sudha Devi in BLAPL No.5095 of 2023 and the co-accused Sanjay Kumar Singh by order dated 18.01.2024 in BLAPL No.13852 of 2023. 9. Learned counsel for the State opposes such prayer for release in view of bar contained under Section 37(1)(b)(ii) of the NDPS Act and also submits that while releasing the co-accused the order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu in SLP(Crl.) No(s).8137 of 2022 dated 12.02.2024 was not noticed and referring to the same it is submitted in view of filing of the charge sheet, prima facie case is well made out against the Petitioner. Hence, merely because the co-accused has been released and there is non-progress in trial, the Petitioner ought not to be released on bail. 10. The order of the Apex Court in the case of State by the Inspector of Police vs. B. Ramu(Supra) referred to by the learned counsel for the State has no application in the case at hand. Page 2 of 4 Inasmuch as, the time tasted principle that in an Act where the grant of bail is the exception and jail is the rule the right of an accused for speedy trial, which has always been held as a facet of Article-21of the Constitution has to be jealously protected. 11. Considering the submission of the learned counsel for the Petitioner that there is no progress in trial, a report was called for from the learned Court in seisin. Relevant extract of the said report dated 05.03.2024 is culled out hereunder for convenience of ready reference: xxx xxx xxx Sir, With reference to the subject & letter cited above, I am to report that this is a case U/s.20(b)(ii)(C) of N.D.P.S Act, instituted on 01.12.2021. The accused Vinod Singh along with the co-accused persons were arrested and forwarded to this court on 01.12.2021. The I.O has submitted charge-sheet on 30.05.2022 and cognizance of the offences U/s.20(b)(ii)(C) of N.D.P.S Act was taken on 06.06.2022 by the Sessions Judge, Khurda at Bhubaneswar. Thereafter, the copies of P.P was supplied to the accused and the case record was received on transfer in this court, from the court of Sessions Judge, Khurda at Bhubaneswar on 22.06.2022. Subsequently, charge was framed against the accused persons on 04.07.2022 and the case was posted for trial. With regard to the stage of trial, my humble submission is that none of the witnesses could be examined till date, due to non- attendance of the witnesses in the court for deposing evidence, despite the fact that summons have been issued to the witnesses on many occasions. In the mean time, the P.O was relieved from this office on 11.12.2023, due to Page 3 of 4 her transfer. Thereafter, no P.O has joined in this Office till date, As such, I am to request you that the matter may kindly be placed before the Hon’ble Court, as desired, for kind consideration. xxx xxx xxx 12. Taking note of the same and in view the order passed by the Apex Court in the case of Rabi Prakash vrs. The State of Odisha, 2023 Live Law (SC) 533 and keeping in view the dictum of the Apex Court in the case of Hussainara Khatoon & others vrs. State of Bihar, reported in (1980) 1 SCC 81, wherein the right to speedy trial has been treated as a facet of Article 21 of the Constitution, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin. 13. To allay the legitimate apprehension of the learned Public Prosecutor regarding ensuring the presence of Petitioner during trial, since he does not ordinarily reside in the State of Odisha, it is further directed that one of the family members of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and his criminal antecedents from P.S.-Bihiya, Dist.- Bhojpur, State-Bihar shall also be called for. 14. If it comes to fore that the Petitioner has criminal antecedents of any nature, this order shall stand recalled. 15. 16. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Soumya Signature Not Verified Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 15-Mar-2024 18:14:20 Judge Page 4 of 4