The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No 3335 of 2024 Narendra Majhi ..…... Petitioner Mr. D.K. Mohanty, Adv. -Versus- State of Odisha ………. Opposite Party Mr. Iswar Mohanty, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 15.05.2024 Order No. 02. Dated F.I.R No. Police Station Case 317 21.12.2019 Jaipatna Sections Section 302/201 of IPC Case of No. and Courts’ Name C.T. No.02 2021 in pending the court of learned Additional Sessions Judge, Dharamgarh
Legal Reasoning
Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 16-May-2024 10:49:35 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Parties. 3. The Petitioner being in custody in Jaipatna P.S. Case No. 317 of 2019, corresponding to C.T. Case No. 02 of 2021 pending in the court of the learned Additional Sessions Judge, Dharamgarh for the commission of the alleged offence Punishable under Sections 302/201 IPC, has filed this Petition for his release on bail. 4. The allegation made in the F.I.R. reveals that when the informant had been to Krupa Jungle to attend call of nature, he found the dead body of his sister was hanging on a tree and burnt lubricant was applied on her face and body. It has also been alleged that his deceased sister had married to the present Petitioner four years ago and it was love marriage. But, the Petitioner used to assault and torture the deceased by casting aspersion on her character. The petitioner left the deceased in her parental house at Beherensil and went away. After passage of some days, the petitioner again came to the house of the informant on 12.12.2019 when the informant was absent in the house, and took the victim with him. On 14.12.2019, when the informant had been to the house of the petitioner to see his sister, he could not find her sister there. On being asked about the sister, the Petitioner replied that the victim has not come to his house. Such reply created Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 16-May-2024 10:49:35 Page 2 of 7 suspicion in the mind of the informant. Thereafter, on 21.12.2019 when the informant had been to Krupa jungle to attend call of nature, he found the dead body of his sister hanging on a tree and burnt lubricant was applied on her face and body. 5. Learned counsel for the Petitioner submits that the Petitioner is in custody since 31.12.2019. He further submits that out of 18 charge sheeted witnesses, only 8 witnesses have been examined as on 26.02.2024 and the trial is not likely to be completed in near future. Hence, the Petitioner seeks for bail.
Legal Reasoning
6. Learned counsel for the Petitioner submits that the Hon'ble Supreme Court has held that right to have speedy trial 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: Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 16-May-2024 10:49:35 "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 Page 3 of 7 accused on the ground that the State has no adequate financial for resources to improving the administrative and judicial apparatus with a view to ensuring speedy trial." incur the necessary expenditure needed 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 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. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 16-May-2024 10:49:35 1 (1981) 3SCC 671 Page 4 of 7 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 of the Petitioner. 10. Without going into the merit of the case and based on the facts and circumstances of the case as well as period of detention of the Petitioner in custody, it is directed that the 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:- Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 16-May-2024 10:49:35 2 SLP (Crl.) No.915 of 2023 Page 5 of 7 i. the petitioner shall appear before the trial court on each date of posting of the case; ii. he shall not indulge himself in any criminal offence while on bail and iii. he shall not tamper the evidence of the prosecution witnesses in any manner. iv. the Petitioner shall plant 100 trees pertaining to local species of plants like mango, tamarind, neem etc. around his village-Bobria under Koksara P.S. 11. The Koksara P.S. shall monitor as to whether the Petitioner has planted the tree or not. 12. The District Nursery shall extend the helping hand by supplying sapling to the Petitioner for the purpose of plantation. 13. Violation of any of the aforesaid conditions may entail cancellation of the bail granted to the Petitioner.
Decision
14. The BLAPL, is accordingly, disposed of. Judge Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 16-May-2024 10:49:35 ( Dr. S.K. Panigrahi) Page 6 of 7 Murmu Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 16-May-2024 10:49:35 Page 7 of 7