Biswa Baikunath Mallick vs State Of Odisha

S.K. Panigrahi, J

This matter is taken up by hybrid mode.

Heard, learned counsel for the petitioner and learned counsel for the State.

3.The petitioner being in custody in connection with Dharmasala P.S. Case No.19 of 2020 corresponding to C.T. Case No.52 of 2020 and further corresponding to C.T.(Session), No.09 of 2021 pending in the court of learned District and Sessions Judge, Jajpur for commission of offence under Sections 302/364-A/394/201/ 467/468/471/120-B of the Indian Penal Code has filed this application under Section 439 of the Cr.P.C. for his release on bail.

It is alleged in the F.I.R that on 15.01.2020 at about 2 A.M. night the petitioner along with other co-accused brutally assaulted the deceased truck driver who was sleeping inside the truck near Srirampur Toll gate with an intention to murder him. They tied his legs, hands and mouth and took away the said truck loaded with a Polymer and threw the driver on the side of the road and drove the truck towards Athamallik area. During the course of the investigation, the said truck was recovered from the possession of the present petitioner and the dead body of the deceased driver was recovered from a pond on the side of Chandikhole-Paradeep.

Learned counsel for the petitioner submits that the petitioner is in custody 14.03.2020 and he has been charge sheeted under Sections 302//364-A/394/201/467/468/471/120-B of the Indian Penal Code. Learned counsel further submits that the F.I.R. has been lodged against some unknown persons. During the course of the investigation, co-accused Rakesh Singh was taken into custody and at his instance, the stolen truck was recovered. Based on confessional statement of the said Rakesh Singh, the petitioner and others have been arrayed as accused. It is further submitted that one co-accused who is similarly situated with the petitioner, has been enlarged on bail by order of this Court vide in BLAPL No.113 of 2021.

He further contended that detaining the petitioner in custody for long defeats the purpose of criminal justice system. In the case of Hussainara Khatoon Vrs. State of Bihar reported in 1979 AIR 1819 the Hon'ble Supreme Court 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 the fundamental right of the petitioner.

Learned counsel for the State though vehemently opposes the prayer for bail of the petitioner but concedes that the factum of release of the co-accused on bail and detention of the petitioner in custody more than one year.

Considering the submissions made, facts and circumstances of the case as well as period of detention of the petitioner in custody for about one year and nine months and release of co-accused, 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 learned trial court on each date of posting of the case;

ii. he shall not indulge himself in any criminal offence while on bail and

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

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

The BLAPL is accordingly disposed of

Issue urgent certified copy as per Rules.

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