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Judgment
13 paragraphs · 256 wordsSashikanta Mishra, J
I.A. NO.503 OF 2023
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 since 29th December, 2022 in connection with Motu P.S. Case No.87/2020 corresponding to T.R. Case No.180 of 2020 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri.
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 submission as above, the I.A. is disposed of by directing the 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.
The I.A. is disposed of.
Urgent certified copy of this order be granted on proper application.
BLAPL No.823 of 2023
List this matter after three months.
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