Akash Kumar vs State Of Odisha

S.K. Panigrahi, J

This matter is taken up through hybrid mode.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner being in custody in T.R. No.100 of 2020, corresponding to Orkel P.S. Case No.158 of 2020, pending in the court of the learned Sessions Judge-cum- Special Judge, Malkangiri for the alleged commission of offence under Section 20(b)(ii)(C) of the N.D.P.S. Act, has filed this Petition under Section 439 of the Cr.P.C. for his release on bail.

The case of the prosecution is that on 12.09.2020 at about 7.00 P.M. the S.I. of Police, Orkel Police Station and his staff while performing duty in front of K. Gumma Out Post noticed one motorcycle approaching from Balimela. Suspecting the movement of the motorcycle, they signaled them to stop, but they did not. They apprehended the rider and the pillion rider of the motorcycle with one polythene bag in the middle of the seat. It is further alleged that the contraband Ganja weighing 31 Kg. was seized from the seat of the motorcycle.

Learned counsel for the Petitioner submits that the Petitioner is in custody since 12.09.2020. Charge-sheet has already been filed. He further submits that the Petitioner had asked for a lift to the pillion rider (Mahesh Singh). The pillion rider agreed to give a lift to the Petitioner in his motor cycle, since it was a lonely place. At that point of time, the Petitioner was caught by the police.

Learned counsel for the State vehemently opposes the prayer for bail of the Petitioner.

The Petitioner has already spent in custody for about more than one year. The Hon'ble Apex Court, time and again, has expressed displeasure on the delay of trial of the undertrial prisoners and their sufferings due to such delay. The Hon'ble Apex Court in Hussainara Khatoon (I) v. State of Bihar (1980) 1 SCC 81 has observed that "speedy trial is not specifically enumerated as a fundamental right in India; it is implicit in a broad sweep and content of Article 21 of the Indian Constitution". Certain provisions of the Cr.P.C. also impose a statutory obligation upon the courts to proceed the trial "expeditiously" so that the case could be disposed of without inordinate delay. The speedy trial of offences is a desirable goal because long delay can defeat justice. There is a common proverb - 'delay defeats justice'. Hence, it is said that speedy justice is the essence of an organised society and so, cases should be decided as early as possible. The present case fails to confirm to the aforesaid stand as articulated by the Hon'ble Supreme Court.

Considering the facts and submissions made and on going through the materials available on record, further keeping in view  the  surrounding circumstances  including  the  long detention  of the Petitioner in custody without commencement of the trial, it is directed that the Petitioner be released on bail in the aforesaid case by the court in seisin over the matter on such terms and conditions as deemed just and proper subject to the conditions that::

i. the Petitioner shall appear before the learned trial court on each date of posting of the case;

ii. he shall not indulge in similar activities in future; and

iii. he shall not tamper with the evidence of the prosecution witnesses in any manner.

Violation of any of the conditions shall entail cancellation of the bail.

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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