Orissa High Court
Arjun Yadav vs State Of Odisha on 9 August, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8564 of 2023
Arjun Yadav .... Petitioner
Mrs. Chandana Mishra, Adv.
-versus-
State of Odisha .... Opposite Party
Mr.G.R.Mohapatra,ASC
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 09.08.2023
Dated Police
Case No. Sections
F.I.R. Station and
No. Courts'
Name
47 18.08.2020 Gochhapada C.T. Case Section 20(b)(ii)(C) of
No.43 of the N.D.P.S. Act.
pending in
the court
of learned
Sessions
Judge-
cum-
Special
Judge,
Phulbani
01. 1. This matter is taken up by hybrid mode.
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cutackt
Date: 10-Aug-2023 19:11:25
// 2 //
2. Heard learned counsel for the petitioner and
learned counsel for the State.
3. The petitioner being in custody in connection with
Gochhapada P.S. Case No.47 of 2020 corresponding to
C.T.Case No.43 of 2020 pending in the court of learned
Sessions Judge-cum-Special Judge, Phulbani for
commission of offence under Section 20(b)(ii)(C) of the
N.D.P.S. Act has filed the bail application for his release
on bail.
4. The brief fact of the case is that while the
informant along with his staff was performing patrolling
duty at Gochhapada area, receiving an information from
reliable source about transportation of contraband 'Ganja'
by five persons in one Red colour Maruti Suzuki Swift
without Regd. Number from Salaguda area to Kantamal
proceeded to the spot and waited for the arrival of the
suspect car. After sometime when the said car
approached towards Gochhapada, they detained it
wherein five persons including the driver were
occupants. On search of the car they recovered three
number of poly bags from the dicky and for non
production of authenticated document, seized the total
quantity of "Ganja' weighing about 102 Kgs. Thereafter
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cutackt
Date: 10-Aug-2023 19:11:25
// 3 //
they arrested them including the petitioner and
forwarded to the Court.
5. Learned counsel for the petitioner submits that the
petitioner is in custody since 18.08.2020 which is around
three years. It is further submitted that out of eighteen
charge sheeted witnesses, only three witnesses have been
examined so far. Hence, the trial of the case is less
likelihood of completion in near future. One co-accused
who is similarly situated with the petitioner has already
been released on bail vide order dated 05.03.2021 passed
by this Court in BLAPL No. 6106 of 2020.
6. Learned counsel for the petitioner submits that the
Hon'ble Supreme Court has 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 violative of his fundamental
right. The importance of speedy trial has been
emphasized in the case of Hussainara Khatoon & Ors. vs
Home Secretary, State of Bihar, wherein the Hon'ble
Supreme Court has iterated that:
"Speedy trial is, as held by us in our earlier
judgment dated 26th February, 1979, an essential
ingredient of 'reasonable, fair and just" procedure
guaranteed by Article 21 and it is the
constitutional obligation of the State to device
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cutackt
Date: 10-Aug-2023 19:11:25
// 4 //
such a procedure as would ensure speedy trial to
the accused. The State cannot be permitted to
deny the constitutional right of speedy trial to the
accused on the ground that the State has no
adequate financial resources to incur the
necessary expenditure needed for improving the
administrative and judicial apparatus with a view
to ensuring speedy trial."
7. He further argues that the period of long
incarceration suffered, which entitle the Petitioner for
grant of bail. Right to Speedy trial is a fundamental right
of an under trial prisoner and this observations have been
resonated, time and again, in several judgments
including that of Kadra Pahadiya & Ors. v. State of
Bihar1 wherein it has been held that the obligation of the
State or the complainant, as the case may be, to proceed
with the case with reasonable promptitude. Particularly,
in a country like ours, where the large majority of the
accused come from poorer and weaker sections of the
society and are not versed with laws and after face the
dearth of competent legal advice. Of course, in a given
case, if an accused demands speedy trial and yet he is not
given one, may be a relevant factor in his favour. But an
accused cannot be disentitled from complaining of
1981)3 SCC 671
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cutackt
Date: 10-Aug-2023 19:11:25
// 5 //
infringement of his right to speedy trial on the ground
that he did not ask for or insist upon a speedy trial.
8. The Supreme Court has also held in Mohd. Muslim
@ Hussain v. State (NCT of Delhi)2 that incarceration has
further deleterious effects where the accused belongs to
the weakest economic strata: immediate loss of
livelihood, and in several cases, scattering of families as
well as loss of family bonds and alienation from society.
The courts therefore, have to be sensitive to these aspects
(because in the event of an acquittal, the loss to the
accused is irreparable), and ensure that trials - especially
in cases, where special laws enact stringent provisions,
are taken up and concluded speedily.
9. Learned counsel for the State vehemently opposes
the bail prayer of the petitioner with the submission that
the petitioner belongs to outside Orissa.
10. Without going into the merit of the matter and
considering the facts and circumstances put forth as well
as period of detention, it is directed that let the petitioner
be released on bail in the aforesaid case by furnishing
cash security/property security of Rs. 2,00,000/- (Rupees
two lakhs) besides a bond of Rs.20,000/-(twenty
thousand) with two local sureties each of the like amount
SLP (Crl.) No. 915 of 2023
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cutackt
Date: 10-Aug-2023 19:11:25
// 6 //
to the satisfaction of the learned court in seisin over the
matter with further conditions that
i) he shall appear before the court below on
each date of posting of the case;
ii) he shall not indulge himself in any criminal
offence while on bail and
iii) he shall not tamper with the prosecution
evidence in any manner. .
11. Accordingly, the BLAPL stands disposed of.
12. Issue urgent certified copy of the order as per Rules.
(Dr. S.K. Panigrahi)
Judge
LB
Digitally Signed
Signed by: LINGARAJ BEHERA
Designation: Sr. Stenographer
Reason: Authentication
Location: Orissa High Court, Cutackt
Date: 10-Aug-2023 19:11:25
