The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9280 of 2023 Jagannath Das ..…... Petitioner Mr. Niranjan Panda, Adv. -Versus- State of Odisha ………. Opposite Party Mr. G.R. Mohapatra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI ORDER 26.07.2024 Order No. 10. Dated F.I.R No. Police Station Case No. and Courts’ Name Sections 260 26.11.2018 Boudh 294/302 of IPC S.T. Case No.07 of 2019 pending in the of Court learned Addl. District Sessions and Judge-cum- Special Judge, Boudh
Legal Reasoning
Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 29-Jul-2024 13:22:42 1. This matter is taken up through a hybrid arrangement. 2. The petitioner being in custody in connection with Boudh PS Case No.260 of 2018 corresponding to S.T. Case No.07 2 of 2019, pending in the court of the learned Additional District and Sessions Judge-cum-Special Judge, Boudh, registered for the alleged commission of offence under Sections 294/302 of the IPC, has filed this petition for his release on bail. 3. The prosecution case, in brief, is that one Anil Das on 26.11.2017 lodged a written report before IIC, Boudh P.S alleging therein that on 24.11.2018 at around 9 pm, the present Petitioner in a drunken state forcibly entered into the house of the informant and abused him and his parents in filthy languages. Thereafter, the present Petitioner and his father namely Balmiki Das came to the spot and also abused them. Subsequently, the present petitioner went to his house and brought an Axe with the help of which he assaulted the father of the informant namely Biswamitra Das as a result he fell down on the pool of blood. Thereafter, the informant took his father to Boudh Hospital for treatment and other general allegation are there. Based on the said information, the I.I.C. of Boudh P.S. registered a case vide Boudh P.S. Case No.260 of 2018 for the commission of the alleged offences punishable under sections 452/294/324/ 326/307/34 of the IPC and proceeded with the investigation. During the Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 29-Jul-2024 13:22:42 3 course of investigation the injured namely Biswamitra Das succumbed to injury after four days from the date of occurrence and the case was turned to the offence under section 302 of the IPC. 4. Learned counsel for the Petitioner submits that the Petitioner is in custody since 27.11.2018. Out of thirty four charge sheeted witnesses, twenty four witnesses have already been examined. Hence, he submits that the Petitioner may be released on bail.
Legal Reasoning
5. 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: Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 29-Jul-2024 13:22:42 "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 resources financial incur to 4 expenditure needed for improving the administrative and judicial apparatus with a view to ensuring speedy trial." 6. 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: 29-Jul-2024 13:22:42 1 (1981) 3SCC 671 5 7. 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. 8. Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner. 9. 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: 29-Jul-2024 13:22:42 i. the Petitioner, after the onset of monsoon, shall plant 100 saplings of local varieties like mango, 2 SLP (Crl.) No.915 of 2023 6 neem, tamarind etc., around his village on Government land/community land/private land, if it is in the possession of the Petitioner or his family members. In case of unavailability of land the Revenue Authority shall assist to indentify the land for plantation. ii. the Petitioner shall appear before the trial court on each date of posting of the case; iii. the Petitioner shall appear before the local police station once a week on Monday in between 10 A.M. to 1.00 PM. iv. the Petitioner shall not indulge himself in any criminal offence while on bail; and v. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner. Violation of the above conditions shall entail the cancellation of the bail. 10. 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. 11. It is further made clear that the Petitioner shall file an affidavit after the plantation of the saplings before the Signature Not Verified Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Cuttack Date: 29-Jul-2024 13:22:42 7 local Police Station, assuring that he shall maintain those saplings for two years. 12. The District Nursery/D.F.O. shall extend a helping hand by supplying the saplings to the Petitioner.
Decision
13. 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: High Court of Orissa Cuttack Date: 29-Jul-2024 13:22:42