The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7799 of 2023 Petitioner Kitu Raula Mr. Tapas Kumar Acharya, Adv. -versus- …. State of Odisha …. Opposite Party Mr.G.R.Mohapatra,ASC CORAM: DR.JUSTICE S.K. PANIGRAHI Order No. ORDER 09.08.2023 Dated Police Station F.I.R. No. 210 02.09.2019 Chatrapur Sections Section 498-A/323/307/341 of the Indian Penal Code. Case No. and Courts’ Name S.T.Case of No.9 2020 in the court of learned Additional Sessions Judge, Chatrapur 01. 1. This matter is taken up by hybrid mode. 2. Heard learned counsel for the petitioner and
Legal Reasoning
learned counsel for the State. Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cutackt Date: 10-Aug-2023 19:11:25 Page 1 of 6 // 2 // 3. The petitioner is an accused in S.T.Case No.09 corresponding to G.R.Case No.400 of 2019 arising out of Chhatrapur Police Station Case No. 210 of 2019 pending in the Court of learned Additional Sessions Judge, Chhatrapur initially registered for the offences under Sections 498-A/323/307/341 of the Indian Penal Code read with Section 4 of the D.P.Act but subsequently chargesheet has been submitted under Sections 302/34 of the Indian Penal Code besides other offences. 4. The petitioner is the husband of the deceased. As per allegation in F.I.R., the petitioner along with his family members tortured the deceased both physically and mentally demanding more dowry and committed murder by pouring kerosene on her. 5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. There is no specific allegation against the petitioner. Admittedly, the deceased was a tenacious lady and all along she was insisting to stay in her parent’s house, for which, there was dispute arose between the husband and wife. The petitioner has never demanded any dowry rather he weas always tgrying to convince her to live peacefully. It is further submitted that the co-accused have already been Page 2 of 6 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cutackt Date: 10-Aug-2023 19:11:25 // 3 // released on bail by order dated 10.01.2022 passed by this Court in BLAPL No. 7264 of 2020 and BLAPL No.6105 of 2020. The petitioner is in custody since 04.09.2019 which is around four years. 6. Learned counsel for the petitioner further 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: it is "Speedy trial is, as held by us in our earlier judgment dated 26th February, 1979, an essential ingredient of 'reasonable, fair and just" procedure the guaranteed by Article 21 and 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 adequate the necessary expenditure needed for improving the administrative and judicial apparatus with a view to ensuring speedy trial." further argues the period of resources financial incur that to 7. He long incarceration suffered, which entitle the Petitioner for Page 3 of 6 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cutackt Date: 10-Aug-2023 19:11:25 // 4 // 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 Bihar1 wherein 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. 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. 1 1981)3 SCC 671 2 SLP (Crl.) No. 915 of 2023 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cutackt Date: 10-Aug-2023 19:11:25 Page 4 of 6 // 5 // 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 though opposes the bail prayer of the petitioner but concedes the submissions regarding factum of release of co-accused as well as length of detention in custody. 10. Without going into the merit of the matter and considering the submissions made and length of detention in custody as well as factum of release of co- accused on bail, this Court is inclined to release the Petitioner on bail. Accordingly, it is directed that the court in seisin over the matter shall release the Petitioner on bail in the aforesaid case on stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the Chhatrapur Police Station on every Monday between 10 A.M. to 1 P.M. ii he shall not indulge in any criminal activity while on bail; iii. he shall not threaten the informant or his family members in any manner and iv. he shall not try to influence any witness. Page 5 of 6 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cutackt Date: 10-Aug-2023 19:11:25 // 6 // 11. Violation of any of the conditions shall entail cancellation of the bail.
Decision
12. The BLAPL is, accordingly, disposed of. Judge (Dr. S.K. Panigrahi) LB Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cutackt Date: 10-Aug-2023 19:11:25 Page 6 of 6