Kuna Chandra Swain vs State Of Odisha
2023 Latest Caselaw 5868 Ori

              IN THE HIGH COURT OF ORISSA AT CUTTACK

                            BLAPL No.11761 of 2022

           Kuna Chandra Swain                       ....            Petitioner

                                                    Mr.Satya Ranjan Mulia,
                                                                 Advocate.

                                         -versus-
           State of Odisha                          ....           Opp. Party

                                                      Mr. G.R. Mohapatra,
                                              Additional Standing Counsel




                       CORAM:
                       DR.JUSTICE S.K. PANIGRAHI

  Order                                   ORDER
  No.                                    12.05.2023

 F.I.R.     Dated       Police Station      Case No. and           Sections
  No.                                       Courts' Name
0277      20.08.2020

Chauliaganj G.R.Case No.883 of 387/294/34 of the 2020 pending Indian Penal Code before the learned read with Sections J.M.F.C.(C), 25 and 27 Arms Cuttack Act.

06. 1. This matter is taken up by virtual/physical mode.

2. Heard learned counsel for the Petitioner and learned

counsel for the State.

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3. The Petitioner being in custody in connection with

Chauliaganj P.S Case No.277 of 2020 pending in the court

of the learned J.M.F.C(C), Cuttack registered for the

alleged commission of offences under Sections 387/294/34

of the Indian Penal Code read with Section 6 of the

POCSO Act., has filed this application under Section 439

of Cr.P.C. for his release on bail.

4. The allegation of the prosecution is that on 19.08.2020

at about 1.30 P.M. while the informant was working in

the office of one Tantu Babu, the present petitioner along

with other three to four accused persons came and

demanded cash of Rs.5,00,000/- at gun point and also

abused him in filthy languages. In course of

investigation, the I.O. has seized one country made 7.65

mm pistol, 5 round of 7.65 mm live ammunition, one

magazine and other articles such as mobile phone etc.

from the possession of the petitioner.

5. Learned counsel for the petitioner submits that the

petitioner is in custody since 23.08.2020. His further

detention will cause harassment to him as well as to his

dependent family members. Further he submits that there

is bleak chance of his fleeing from the hands of justice.

Although the two witnesses have been examined, they

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have not supported the prosecution case. He undertakes

that petitioner shall not indulge himself in any kind of

criminal activities in future.

6. Learned counsel for the State though opposes the bail

of the petitioner, but concedes the long detention of the

petition in custody.

7. 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 Bihar1, 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

1979 AIR 1369.

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administrative and judicial apparatus with a view to ensuring speedy trial."

8. Considering the submissions made, facts and

circumstances and the length of detention of the

Petitioner, this Court is inclined to release the Petitioner

on bail. Accordingly, it is directed that the petitioner shall

be released on bail in the aforesaid case by the learned

court in seisin over the matter with stringent terms and

conditions with further conditions that:-

i. the Petitioner shall appear before the trial

court on each date of posting of the case.

ii. he shall not indulge in criminal offence in

future; and

iii. he shall not tamper the evidence of the

prosecution witnesses in any manner.

9. Violation of any of the conditions shall entail

cancellation of the bail.

10. The BLAPL is, accordingly, disposed of.

11. Urgent certified copy of this order be granted on

proper application.

(Dr. S.K. Panigrahi) Judge

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LB