Sunadhar Pujari 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. Case No.65 of 2020, arising out of Mathili P.S. Case No.96 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)/ 25/ 29 of the N.D.P.S. Act, has filed this Petition under Section 439 of the Cr.P.C. for his release on bail. 4. The case of the prosecution is that on 05.07.2020 the S.I. of Mathili Police Station, during his patrolling duty received reliable information of four people waiting for a vehicle near Kenduguda river bridge on a red and black colour Hero Glamour Motorcycle, bearing Registration No.OD10-E-5286. They had in their possession of few plastic sacks containing contraband Ganja. So, the S.I. of Mathili Police Station along with his staff proceeded to the spot and found four persons sitting on the road side before Kenduguda bridge with plastic sacks in a suspicious manner and one Hero Glamour motor cycle bearing Registration No.OD10-E-5286 parked near them. On being asked, they disclosed their names as Gopinath Bhumia, Sunadhar Pujari and Bibhisan Harijan. One person namely, Benudhar Bisoi fled from the spot. The other three confessed that they had procured Ganja from Narasing Dora. They also disclosed that Maruti Suzuki 800 car bearing Registration No.CG 17 C-0661 would have arrived shortly to receive the contraband articles from them. After lapse of some time, the said car came from Kenduguda side and stopped near the aforementioned three people. Upon seeing the police, the car driver jumped off from the car and ran towards the jungle. It is also alleged that 106 Kgs. 800 gms of Ganja was recovered and seized from the conscious possession of those persons.

Learned counsel for the Petitioner submits that the Petitioner is in custody since 05.07.2020. Nothing was recovered from the possession of the Petitioner. The contraband Ganja was recovered from the road side and the police on the basis of extra judicial confession recorded that the Petitioner was involved in the crime. He further submits that the trial has not yet commenced.

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 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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