BLAPL/8975/2020
2021 Latest Caselaw 706 Ori

                                BLAPL No.8975 of 2020




04.   21.01.2021         This    matter   is   taken   up   through     video
                   conferencing.
                         Heard, learned counsel for the petitioner and
                   learned counsel for the State.
                         The petitioner is in custody in connection with
                   Burla PS Case No.351 of 2019 corresponding to GR
                   Case No.2918 of 2019 pending in the court of the
                   learned SDJM, Sambalpur, registered for the alleged
                   commission of offence under Section 392 of IPC, has
                   filed this application under Section 439 of CrPC for his
                   release on bail.
                         The allegation of the prosecution, in short, is that
                   one Aswini Suna on 31.08.2019 lodged a written
                   compliant before the IIC, Burla PS alleging therein that
                   at about 7:30 PM he had been to Golgunda area in a
                   Honda Twister motorcycle bearing Regd. No.OD-15-
                   3683 of his nephew for a personal work. On the way,
                   some unknown persons threatened him on the point of
                   sharp cutting weapon and forcibly took away the motor
                   cycle and his mobile phone.
                         Learned counsel for the petitioner submits that
                   the petitioner has been in custody since 19.11.2019.
                   Charge-sheet in this case has already been filed but
                   trial has not yet been commenced and there is no
                   likelihood of commencing the trial in near future.
                         He further submits that the petitioner is in
                   custody since long and it defeats the purpose of
                   criminal justice system. In view of the judgment as laid
                   down in Hussainara      Khatoon Vrs. State of Bihar
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      wherein 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 violation of
      fundamental right.
            Learned counsel for the State vehemently opposed
      the bail prayer of the petitioner.
            Considering the submissions made, facts and
      circumstances of the case, it is directed that the
      petitioner be released on bail with some stringent terms
      and conditions as deemed just and proper by the
      learned SDJM, Sambalpur in the aforesaid case with
      further conditions that:-
            i)      he shall appear before the court below on
                    each date of posting;
            ii)     he shall not tamper the evidence of the
                    prosecution witnesses in any manner.

            Violation of any of the conditions shall entail
      cancellation of the bail.
            The BLAPL is accordingly disposed of.
            The petitioner may utilize the soft copy of this
      order available in the High Court's website or printout
      thereof at par with certified copies in the manner
      prescribed,    vide   Court's       Notice   No.   4587   dated
      25.03.2020.


                                              .............................
                                              S. K. Panigrahi, J.

AKP