Madkami Bhima vs State Of Odisha

Sashikanta Mishra, J

This matter is taken up through hybrid mode.

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

The petitioner is in custody in connection with Motu P.S. Case No.87 of 2020 corresponding to T.R. Case No.180 of 2020 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri for the alleged commission of offence under Sections 20(b)(ii)(C)/27 A of NDPS Act.

It is submitted that despite being in custody for more than two years, trial has not commenced as yet. A person cannot be detained in custody indefinitely for the failure of the Court to commence and conclude trial at an early date. It need not be emphasized that right to speedy trial is also akin to a fundamental right.

Considering the submissions as above, while not being inclined to grant regular bail to the petitioner, the bail application is disposed of directing the learned court below to release the petitioner on interim bail for a period of three months from the date of his actual release on such terms and conditions as may be fixed by the Court in seisin over the matter in the aforesaid case including the condition that he shall not misuse the liberty granted to him.

After expiry of the aforesaid period of three months, the petitioner shall surrender before the Court in seisin over the matter, failing which appropriate warrant may be issued for his production.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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