Happy @ Biswajit Mohanty vs Unknown
2023 Latest Caselaw 6306 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                       BLAPL No.4528 of 2022
           Happy @ Biswajit Mohanty      ....               Petitioner

                                              Mr.Manas Ranjan Dhal,
                                                          Advocate

                                   -versus-
          State of Odisha                     ....         Opp.Party
                                                 Mr.G.R. Mohapatra,
                                        Additional Standing Counsel.



                  CORAM:
                  DR.JUSTICE S.K. PANIGRAHI

  Order                             ORDER
  No.                              16.05.2023

F.I.R.   Dated      Police   Case No. and              Sections
 No.               Station  Courts' Name
106    09.06.2019

Malgodown S.T. case Sections.

No.75 of 2022 341/324/326/506/307/459/302/34 corresponding of the Indian Penal Code to G.R. Case No.1061 of

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

2. Heard learned counsel for the petitioner and learned

counsel for the State.

3. The Petitioner being in custody in connection with

Malgodown P.S. Case No.106 of 2019 corresponding to

// 2 //

G.R. Case No.1061 of 2019, pending in the court of the

learned Sessions Judge, Cuttack registered for the alleged

commission of offence under Sections 341/324/326/506/

307/459/302/34 of the Indian Penal Code has filed this

application under Section 439 of Cr.P.C. for his release on

bail.

4. It is alleged against the petitioner that on 09.06.2019

at about 8.30 P.M. when the son of the informant was in

the house of Tapan Nayak, the accused namely, Biswajit

Mohanty @ Happy called the informant from his house

and attacked him by sharp weapon on his head. Due to

such assault he sustained severe injury on back side of his

head. It is further alleged that the petitioner assaulted to

one Tapan Nayak who was present with the informant.

Due to such assault, the injured Tapan Nayak sustained

severe bleeding injury.

5. Learned counsel for the petitioner submits that the

petitioner has been falsely implicated in this case. At the

time of occurrence the petitioner was minor. He has

passed the matriculation inside the jail custody. He has

shown good behavior in custody. He further submits that

out of twenty seven witnesses not a single witness has

been examined. Hence, the commencement of trial and

conclusion of trial in near future seems to be bleak.

// 3 //

6. Learned counsel for the State though vehemently

objects the bail petition but concedes the long detention

of the petitioner 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 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."

8. Without going into the merit of the case and

considering the submissions made coupled with the

length of detention of the Petitioner in custody this Court

is inclined to release the Petitioner on bail. Accordingly, it

// 4 //

is directed that the court in seisin over the matter shall

release the Petitioner 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.

(Dr. S.K. Panigrahi) Judge

LB