The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2294 of 2025 Ananta Dhal @ Bhima ..…... Petitioner Sk Zafarulla, Adv. -Versus- State of Odisha ………. Opposite Party Ms. Gayatri Patra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 23.04.2025
Legal Reasoning
FIR No. 262 Dated Police Station Sections Case No. and Courts’ Name 5.11.2019 Brajarajnagar C.T.(Sessions) Case No.32 of 2020 pending in the court of learned Additional Sessions Judge, Jharsuguda Sections 302/120-B of IPC r/w Sec.25/27 Arms Act. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 29-Apr-2025 19:35:26 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 2 3. The petitioner, who is currently in custody in connection with Brajarajnagar P.S. Case No. 262 of 2019, corresponding to C.T. (Sessions) Case No. 32 of 2020 pending before the learned Additional Sessions Judge, Jharsuguda, has filed the present application seeking release on bail. The case involves allegations under Sections 302/120-B of IPC read with Section 25/27 of the Arms Act. 4. The prosecution story, in brief, is that one Priya Ghosh lodged an F.I.R. at Brajraj Nagar police station on 05.11.2019 to the effect that on 05.11.2019 at 07.30 P.M. she had been to Jharsuguda by Azad Hind train to meet her husband who was under treatment at Cuttack at about 08.30 P.M. She received information that Bhima @ Ananta Dhala, Aarif Ansari along with six other persons rounded her brother-in-law namely Mantu Ghosh, Bhima Dhala fired two rounds on the head of Mantu Ghosh and others also involved in this. They also fired many rounds. Listening this, she stopped her travelling to Cuttack and rushed to Mandalia Hospital and on reaching there her brother-in-law Mantu Ghosh found dead. She strongly believed that Ajit dhala and his father Adity Dhala and others made criminal conspiracy and committed murder of Mantu Ghosh. When she had been to meet to meet to her husband, said Page 2 of 7 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 29-Apr-2025 19:35:26 3 Bhima Dhala and his friends also tried to fired her and in this incident they had also jailed earlier. Hence, reported the matter for legal action. 5. Learned counsel for the petitioner submits that the allegations leveled against him are fabricated and baseless. Further, there is no prima facie evidence available to implicate him in the alleged offence. Further submits that the P.W.5 has turned hostile in the trial. The main accused who is on similar footing has already been released on bail on 31.03.2023 in BLAPL No.12039 of 2022 passed by this Court. The petitioner has been languishing in custody since 05.09.2019, the petitioner seeks to be released on bail. 6. Learned counsel for the petitioner further submits that the Hon'ble Supreme Court has consistently held that the right to a speedy trial is a fundamental right guaranteed to every citizen under Article 21 of the Constitution. Therefore, continued incarceration of the petitioner for an extended period without conclusion of trial is unjustified and amounts to a violation of his fundamental rights. The importance of speedy trial has been emphasized in the case of Hussainara Khatoon & Ors. vs Home Secretary, State of Bihar, wherein the Hon'ble Supreme Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 29-Apr-2025 19:35:26 Court has iterated that: Page 3 of 7 4 "Speedy trial is, as held by us in our earlier judgment dated 26th February, 1979, an essential ingredient of 'reasonable, fair and just" procedure guaranteed by Article 21 and it is the constitutional obligation of the State to device such a procedure as would ensure speedy trial to the accused. The State cannot be permitted to deny the constitutional right of speedy trial to the accused on the ground that the State has no the necessary adequate expenditure needed for improving the administrative and judicial apparatus with a view to ensuring speedy trial." resources financial incur to 7. He further argues that the period of long incarceration suffered, which entitle the Petitioner for grant of bail. Right to Speedy trial is a fundamental right of an under trial prisoner and this observations have been resonated, time and again, in several judgments including that of Kadra Pahadiya & Ors. v. State of Bihar 1wherein it has been held that the obligation of the State or the complainant, as the case may be, to proceed with the case with reasonable promptitude. Particularly in a country like ours, where a significant majority of the accused belong to economically and socially disadvantaged sections of society and often lack awareness of legal rights or access to competent legal assistance, the right to a speedy trial assumes even greater importance. While in a given case, an accused person's express demand for a speedy trial may weigh in their Page 4 of 7 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 29-Apr-2025 19:35:26 1 (1981) 3SCC 671 5 favour, the absence of such a demand cannot be used to deny or dilute their right. An accused cannot be deprived of the protection guaranteed under the right to a speedy trial merely because they did not expressly assert or insist upon it. 8. The Supreme Court has also held in Mohd. Muslim @ Hussain v. State (NCT of Delhi)2 that incarceration has further deleterious effects where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is irreparable), and ensure that trials - especially in cases, where special laws enact stringent provisions, are taken up and concluded speedily. 9. Learned counsel for the State submits that the petitioner is alleged to be involved in the commission of a heinous offence of murder. Accordingly, he strongly opposes the prayer for grant of bail. 10. Without going into the merit of the case and based on the facts and circumstances of the case as well as the period of detention of the Petitioner in custody, it is directed that the Page 5 of 7 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 29-Apr-2025 19:35:26 2 SLP (Crl.) No.915 of 2023 6 Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:- i. the Petitioner shall appear before the trial court on each date of posting of the case; ii. the Petitioner shall not indulge himself in any criminal offence while on bail; and iii. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner. iv. The Petitioner, after the onset of monsoon, shall plant 100 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on government land, community land, or private land in the possession of the petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying land for the plantation. Violation of any of the above conditions shall entail cancellation of the bail. 11. The I.I.C. of the concerned police station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings as required. Page 6 of 7 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 29-Apr-2025 19:35:26 7 12. It is further directed that the Petitioner shall file an affidavit before the local police station, confirming that the saplings have been planted and that the petitioner will maintain them for a period of two years. 13. The District Nursery/District Forest Officer (D.F.O.) shall extend assistance to the petitioner by supplying the necessary saplings.
Decision
14. The BLAPL is accordingly disposed of. Judge ( Dr. S.K. Panigrahi) Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC Date: 29-Apr-2025 19:35:26 Page 7 of 7