Orissa High Court
Shivkesh Shukla vs State Of Odisha on 3 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.6359 of 2023
Shivkesh Shukla .... Petitioner
Mr. Samvit Mohanty,Advocate
-versus-
State of Odisha .... Opposite Party
Mr. P.C.Das, A.S.C.
CORAM:
JUSTICE A.K. MOHAPATRA
ORDER
Order No. 03.08.2023
04. BLAPL NOs.6359 OF 2023 & 7294 OF 2023
1. This matter is taken up through Hybrid Arrangement (Virtual
/Physical Mode).
2. Heard learned counsel for the Petitioner as well as the learned
Additional Standing Counsel for the State Perused the F.I.R, Case diary
as well as other relevant papers available on record.
3. The present bail application has been filed for release of the
Petitioner in connection with Padmapur P.S.Case No.58 of 2021
corresponding to T.R.Case No.83 of 2021 pending in the Court of the
learned Additional Sessions Judge-cum-Special Judge, Gunupur,
Rayagada for alleged commission of offence under Section 20(b)(ii)(c)
of N.D.P.S.Act, 1985 on the allegation of transportation of 350 kg of
contraband ganja in a truck.
4. Learned counsel for the Petitioner submitted that the Petitioner is
in custody since 29.07.2021. In the meantime, Charge Sheet has been
filed and the trial has commenced. He further submitted that out of 22
Charge Sheeted witnesses, six witnesses have been examined so far.
Since the trial is progressing very slowly and the same is not likely to
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be completed in near future, the Petitioner has approached this Court by
filing the present bail application to release the Petitioner on bail.
5. Learned Additional Standing Counsel for the State on the other
hand submitted that earlier the Petitioner had approached this Court in
BLAPL No.3827 of 2022, which was disposed of by a coordinate bench
of this Court on 08.12.2022 and the bail application of the Petitioner
was rejected.
6. This Court earlier called for a report from the Court in seisin over
the matter with regard to the status of the trial. The report dated
19.07.2023 was placed before this Court by the Registry of this Court.
On perusal of the said report of Additional Sessions Judge-cum-Special
Judge, Gunupur, it appears that the charge was framed on 23.12.2022,
however despite issuance of several notices and W.T. Messages no
witness has turned up for which the witnesses have not been examined.
However, the case has been posted to 25.07.2023 and 26.072023 for
trial.
7. On perusal of the report submitted by the learned Additional
Sessions Judge-cum-Special Judge, Gunupur, this Court expresses its
concern with regard to non-appearance of the witnesses, which is the
major cause of delay in concluding the trial, as a result of which in
many cases, this Court is compelled to release the accused persons only
on the ground that there is delay in trial. It is needless to mention here
that right to speedy trial is a fundamental right guaranteed to every
citizens under the Constitution of India. Therefore, the authorities are
duty bound to take every steps to ensure that the trial is concluded
within a stipulated period of time. In the trial involving the offence
under the NDPS Act, most of the witnesses are official witnesses.
Therefore, there is no reason as to why the trial will not be completed
within a stipulated period of time. The Hon'ble Supreme Court in a
recent judgment in Mohd Muslim @ Hussian v. State (NCT of Delhi)
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reported in 2023 SCC online SC 352 has observed that involving
similar type of offence has been pleased to release the accused only on
the ground of delay in conclusion of trial. At this juncture, this Court is
compelled to observe that unless the Court gets cooperation of the State
official including the Police, it is difficult to conclude the trial in time
bound manner. On many occasions the entire blame is on the Court
and the entire judicial system for such delay in conclusion of the trial in
criminal cases. However, in many occasions, this Court has observed
that one of the major reason i.e. causing delay in conclusion of the trial
is non-production of Post Mortem report, Viscera report, Ballastic
report etc and above all none appearance of the official witnesses in
such trial. Therefore, this Court is of the considered view that steps
needs to be taken by the State authority to ensure that the above
required reports are supplied to the Court at the earliest and to ensure
that official witnesses appear before the Court on the date fixed. The
inaction on the part of the Police authority to produce witnesses before
the Court is also another concern and the same is causing delay in
disposal of the criminal trial.
8. In view of the aforesaid factual background and keeping in view
the right of the accused for a speedy trial as guaranteed under Article 21
of the Constitution of India, this Court directs the trial Court to make
every endeavour to conclude the trial within a period of three months
from today. Further, a direction is also given to the Superintendent of
Police, Gunupur to ensure that the official witnesses will appear before
the Court on the date fixed, if required shall adopt coercive measure to
compel the witnesses appear before the Court. While issuing the
aforesaid direction, this Court grants liberty to the Petitioner to file
fresh bail application in the event the trial is not concluded within the
aforesaid stipulated period. In the event such a bail application is filed,
the same shall be considered on its own merit.
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9. A copy of this order be communicated to the Secretary to Home
Department, Government of Odisha for taking necessary follow up
action to remove the above obstacles for early conclusion of the trial, if
required special instructions be issued in this regard.
10. With the aforesaid observation the BLAPL stands disposed of.
( A.K. Mohapatra )
Judge
RKS
Signature Not Verified
Digitally Signed
Signed by: RAMESH KUMAR SINGH
Designation: Ex-A.R.-cum-Sr. Secretary
Reason: Authentication
Location: High Court of Orissa
Date: 08-Aug-2023 11:14:58
