Orissa High Court
Krushna Podh vs Unknown on 5 May, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.3725 of 2023
Krushna Podh .... Petitioner
Mr.Kirtan Dang, Advocate
-versus-
State of Odisha .... Opp.Party
Mr. G.R. Mohapatra,
Additional Standing Counsel.
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 05.05.2023
F.I.R. Dated Police Case No. and Sections
No. Station Courts' Name
0037 06.03.2013
Balangir Sessions Case 302/34 of the Indian Penal Code
Sadar No.75/14/64 of
2016-2017-22
pending in the
court of 1st
Addl.Sessions
Judge,
Balangir
07. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the petitioner and learned
counsel for the State.
// 2 //
3. The petitioner is an accused in Sessions Case No.
75/14/64 of 2016-2017-22 corresponding to G.R. Case
No.155 of 2013 arising out of Balangir Sadar P.S.Case
No.37 dated 06.03.2013 pending before the learned 1st
Additional Sessions Judge, Balangir registered for
commission of offence under Section 302/34 of the Indian
Penal Code.
4. It is alleged that on 06.03.2013, at about 2 P.M. while
the elder brother(deceased) of the informant opposed the
entry of goats of the accused persons into his cultivation
field, he was assaulted to death by the accused persons
including the petitioner.
5. Learned counsel for the petitioner submits that the
charge sheet has been submitted showing the petitioner
as absconder. However, he voluntarily surrendered
before the learned court below. His bail was rejected by
the said court. Further, it is submitted that the petitioner
is facing generic regular ailments because of his advance
age. Though seven witnesses have already been
examined, it will take more time to complete the trial
after examination of other remaining four witnesses.
Moreover, the petitioner is in custody since 24.08.2016
which is more than six years.
// 3 //
6. 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 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. Without going into the merit of the case and
considering the submissions made coupled with the age
of the petitioner as well as length of detention of the
Petitioner in custody this Court is inclined to release the
Petitioner on bail. Accordingly, it is directed that the
court in seisin over the matter shall release the Petitioner
// 4 //
on bail in the aforesaid case on stringent terms and
conditions with further 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 criminal offence
while on bail and
iii. 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.
9. The BLAPL is, accordingly, disposed of.
10. Urgent certified copy of this order be granted on
proper application.
LINGARA by
Digitally signed
LINGARAJ
(Dr. S.K. Panigrahi)
BEHERA
J BEHERA Date: 2023.05.08
14:51:40 +05'30'
Judge
LB
