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Hrushikesh Sahu vs State Of Orissa

Orissa High Court · Decided on 1 May 2023 · Citation: (2023) 05 OHC CK 0012

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20(b)(ii)(C), 25, 29
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 13014 Of 2022
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Judgment

11 paragraphs · 378 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State.

3.

The Petitioner is in custody since 1st February, 2020 having been remanded in connection with Koraput Town P.S. Case No.25/2020 corresponding to T.R. Case No.10/ 2020 pending in the court of learned Addl. Sessions Judged-cum-Special Judge, Koraput for the alleged commission of the offence under Section 20(b)(ii)(C)/25/29 of NDPS Act.

4.

The Petitioner’s earlier application for bail was withdrawn as per order passed in BLAPL No.9295/2020 with liberty to renew his prayer after examination of material witnesses. It is submitted that in the mean time only 3 witnesses out of 17 charge sheet witnesses have been examined. The Petitioner has been in custody for more than 3 years. Trial is progressing at a snail’s pace. A person cannot be detained in custody  indefinitely for the inability of the Court to conclude the trial early. In fact, right to speedy trial is considered akin to the fundamental right of liberty guaranteed under Article 21 of the Constitution of India. The Apex Court as well this Court has time and again emphasized on the need for speedy trial.

5.

Taking into consideration all the above facts and particularly the long period of detention of the Petitioner in custody, without any possibility of the trial being concluded in the near future, I am inclined to take lenient view in the matter. Let the Petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose in the aforesaid case including the following conditions;

(i) he shall appear before the I.I.C. of Koraput Town P.S. on every Sunday at 10.00 A.M. till conclusion of trial and such fact shall be certified by the I.I.C. to the concerned Court once in a month, and

(ii) he shall personally appear before the trial court on each date of posting of the case, and in case of even a single default, necessary orders shall be passed by the Court to take him to custody again.

6.

The BLAPL is disposed of.

7.

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

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