The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 8901 of 2025 Manas Ranjan Gopal ..…... Petitioner(s) Mr. Debabrata Dash, Adv. -versus- State of Odisha .….... Opposite Party Ms. Gayatri Patra, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI Order No. 01
Decision
ORDER 20.09.2025 Dated F.I.R. No. Police Station Sections Case No. and Courts’ Name 40 26.01.2023 Sec 302/34 of IPC Junagarh C.T. Case of No.90 (S.C.) 2023 pending in the court of learned Additional Sessions Judge, Dharmagarh 1. This matter is taken up through hybrid arrangement. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12 2 2. Heard learned counsel for the Parties. 3. The Petitioner being in custody in Junagarh P.S. Case No.40 of 2023 corresponding to C.T. Case No.90 of 2023 (S.C.) pending in the court of learned Additional Sessions Judge, Dharmagarh, registered for the alleged commission of offences under Sections 302/34 of IPC, has filed this petition for his release on bail. 4. The brief fact of the case is that on 26.01.2023 the informant lodged a written complaint before the Junagarh P.S. alleging therein that on the same at about 5 P.M. the Petitioner along with other co-accused persons were cutting the Government road which has been connected to the agriculture field of the informant. The informant’s father opposed the same for which there was a hot exchange of words between the accused persons and the informant. Later, they all abused the informant and assaulted the informant’s father by means of fist blow on his chest and head with an intention to kill him. One Chakradhar Thakur and Trilochan Thakur rescued his father from them. Thereafter, the informant’s father has been shifted to Junagarh Hospital where he has been declared dead. Hence, this case. Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12 3 5. Learned counsel for the Petitioner submits that in the meanwhile the material witnesses including the eyewitnesses P.Ws.3 and 4 who are the brothers of the deceased have been examined. He further submits that the co-accused persons who are on similar footing have already been released on bail on 20.11.2024 in BLAPL No.10653 of 2024 passed by this Court. The petitioner has been languishing in custody since 28.01.2023. Hence, he submits that the Petitioner may be enlarged on bail on any stringent terms and conditions. 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: "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 adequate financial resources to incur the necessary Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12 4 expenditure needed for improving the administrative and judicial apparatus with a view to ensuring speedy trial." 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. 8. The Supreme Court has also held in Mohd. Muslim @ Hussain v. State (NCT of Delhi)2 that incarceration has 1 (1981) 3SCC 671 2 SLP (Crl.) No.915 of 2023 Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12 5 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 alleged to have been involved in heinous crime of murder. Hence, he vehemently opposes the prayer for bail. She further submits that just period of long detention cannot be a ground for release the petitioner on bail in such a heinous crime. 10. Without going into the merit of the case and based on the facts and circumstances of the case, 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:- i. The Petitioner shall appear before the local Police Station on every Monday between 10 A.M. to 1.00 P.M.; ii. The Petitioner shall not indulge himself in any criminal offence while on bail; Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12 6 intimidate the prosecution witnesses iii. The Petitioner shall not tamper with the evidence in any or manner; and iv. The Petitioner 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 the land for plantation. Violation of any of the above conditions shall lead to cancellation of the bail. 11. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner and the Revenue Authority shall assist the Petitioner in identifying the location for plantation of the saplings. If the land is not available, the Petitioner to approach the Revenue Authority for identifying the land for plantation and the Revenue Authority shall do the needful. 12. 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 or not. 13. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12 7 Station assuring that he shall maintain those plants for two years. 14. The BLAPL is, accordingly, disposed of. Judge Murmu ( Dr. Sanjeeb K Panigrahi) Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 22-Sep-2025 14:02:12