Mangaldas Disari vs State Of Odisha
2023 Latest Caselaw 902 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.509 of 2023

             Mangaldas Disari                        ....                      Petitioner

                                                          Mr. J.K. Panda, Advocate
                                              -versus-

             State of Odisha                         ....                Opposite Party
                                                               Mr. A. Pradhan, ASC

                               CORAM: JUSTICE V. NARASINGH

                                           ORDER

27.01.2023 Order No.

01. 1. It is seen that by order dated 03.01.2023 in BLAPL No.11062 of 2022 a coordinate Bench of this Court, relying on the celebrated judgment of the apex Court in the case Hussainara Khatoon & others vrs. State of Bihar, reported in (1980) 1 SCC 81, directed release of the co-accused on the ground that trial has not commenced. Paragraph-5 of the said order is culled out hereunder for convenience of ready reference:

"5. Learned counsel for the petitioner submits that the petitioner has already spent in custody since 20.01.2020 which is more than two years and trial has not yet been commenced. Further, there is less likelihood of completion of trial in the near future. The Hon'ble Apex Court, time and again, has expressed displeasure on the delay of trial of the under trial prisoner and his suffering due to such delay.

The Hon'ble Apex Court in Hussainara Khatoon (I) v. State of Bihar,1 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". It is pertinent to mention that certain provisions of the Cr.P.C. 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 organized society and the cases should be decided as early as possible. The present case fails to confirm to the aforesaid stand as articulated by the Hon'ble Apex Court."

2. Learned counsel for the Petitioner submits that the Petitioner is in custody since 21.01.2020 which is for more than two years and the trial has not yet commenced.

3. A report be called for from the learned Court in seisin regarding present stage of trial and when the first witness was examined.

4. List this matter on 28.02.2023 along with such report.

(V. NARASINGH) Judge PKS