Sudha Devi v. State of Odisha

Mr. K.K. Gaya, ASC CORAM: JUSTICE V. NARASINGH Order No.

#1. Heard learned counsel for the Petitioner and learned ORDER 18.10.2023 counsel for the State.

#2. The petitioner is an accused in connection with T.R. Case No. 529 of 2021, pending before the Court of the learned Additional Sessions Judge, Bhubaneswar, arising out of G.R.P., Bhubaneswar P.S. Case No. 113 of 2021 for alleged commission of offences under Sections 20(b)(ii)(c) of the NDPS Act.

#3. Being aggrieved by the rejection of her application for bail U/s.439 Cr.P.C. by learned Additional Sessions Judge, Bhubaneswar I/c, by order dated 01.05.2023 in the aforementioned case, the present BLAPL has been filed.

#4. It is submitted by the learned counsel that the Petitioner is in custody since 01.12.2021 on the accusation that she along with the co-accused are in possession of contraband (ganja) to the tune of 142.9Kgs.

#5. Learned counsel for the Petitioner seeks release inter alia on the ground of long period of incarceration of the Petitioner without trial.

#7. Learned counsel for the State opposes the prayer for bail. It is stated by the learned counsel for the Petitioner that the Petitioner is the first offender.

#8. Perused the report submitted by the learned Court in seisin indicating that the case has not moved beyond framing of charge and the charge was framed on 04.07.2022.

#9. Keeping in view the rigors of the NDPS Act, the right of the Petitioner to speedy trial and taking into account the first proviso to Section 437(1) of Cr.P.C. and in view of 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.

#10. Before releasing, learned Court in seisin is requested to verify the criminal antecedent of the Petitioner. If it comes to fore that the Petitioner has any criminal antecedent, this order shall stand recalled.

#11. It is made clear that the order passed in the case at hand shall not be treated as a precedent in respect of the co-accused, whose bail application has to be dealt with in an independent manner.

#12. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. While fixing such time, learned Court in seisin shall be alive of the fact that the Petitioner is a lady. Certification of such appearance shall be submitted to the Court in seisin.

#14. Accordingly, the BLAPL stands disposed of. Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Ayesha Judge Signature Not Verified Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa Date: 19-Oct-2023 18:21:56