The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3737 of 2025 Aju @ Chenti @ Chaturbhuja Naik ..…... Petitioner Mr. Bharat Jalli Adv. -Versus- State of Odisha ………. Opposite Party Mr. Sonak Mishra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI
Decision
ORDER 12.05.2025 FIR Dated No. Police Station Case No. and Courts’ Name Sections 157 08.07.2023 Telkoi Sec. 394 of IPC G.R. Case No.150 of 2023 pending in the court of learned J.M.F.C., Telkoi 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. 3. The Petitioner being in custody in Telkoi P.S. Case No.157 of 2023 corresponding to G.R. Case No.150 of 2023, pending in the court of the learned J.M.F.C., Telkoi, registered for the alleged Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 11:49:39 2 commission of offences under Sections 394 of IPC, has filed this petition for his release on bail. 4. The prosecution case is that on 08.07.2023 morning the informant Alok Kumar Palei along with his friend Amiya Kumar Barik had been to village Chhamunda with his motor cycle to buy a Car. On the way, near Dubulapal Chhak, two unknown culprits stopped their motor cycle and out of them one showing deadly weapon to him and another culprit assaulted his hand by means of a Bhujali. At that time, when Amiya Kumar Barik opposed them, they also assaulted him by means of a bhujali. Not only that, the culprits were also snatched away cash of Rs.1,07,000/- from him and fled from the spot. Thereafter, the informant lodged FIR at Telkoi PS and subsequently, during investigation the petitioner was found to be involved in the commission of the crime. Hence, this case. 5. Learned counsel for the Petitioner submits that the Petitioner is no way connected with the offences as alleged by the prosecution in any manner. Moreover, the Petitioner is in custody since 10.10.2023. Hence, he submits that the Petitioner may be enlarged on bail. 6. Learned counsel for the Petitioner further submits that the Hon'ble Supreme Court has held that right to have speedy trial Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 11:49:39 Page 2 of 6 3 is a fundamental right of a citizen. Hence, keeping a person in custody for such a long time without any trial is not justified and violative of his fundamental right. 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 Court has iterated that: "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 the large majority of the accused come 1 (1981) 3SCC 671 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 11:49:39 Page 3 of 6 4 from poorer and weaker sections of the society and are not versed with laws and after face the dearth of competent legal advice. Of course, in a given case, if an accused demands speedy trial and yet he is not given one, may be a relevant factor in his favour. But an accused cannot be disentitled from complaining of infringement of his right to speedy trial on the ground that he did not ask for or insist upon a speedy trial. 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 vehemently opposes the prayer for bail, emphasizing the seriousness of the allegations. 10. Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the 2 SLP (Crl.) No.915 of 2023 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 11:49:39 Page 4 of 6 5 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 not indulge himself in any criminal offence while on bail; and ii. the petitioner shall not tamper the evidence of the prosecution evidence in any manner. iii. The Petitioner, after the onset of monsoon (in between the months of July and August, 2025), shall plant 200 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. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 11:49:39 Page 5 of 6 6 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 those plants 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. 14. The BLAPL is, accordingly, disposed of. Judge Murmu ( Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 27-May-2025 11:49:39 Page 6 of 6