Dillip Kumar Mahato vs State Of Odisha .... Opposite Party
2024 Latest Caselaw 16668 Ori

Orissa High Court

Dillip Kumar Mahato vs State Of Odisha .... Opposite Party on 14 November, 2024

Author: Sashikanta Mishra

Bench: Sashikanta Mishra

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                BLAPL No. 2758 of 2024

            Dillip Kumar Mahato                       ....                Petitioner
                                                           Mr. A.P. Bose, Advocate

                                         - Versus -
            State of Odisha                                 ....     Opposite Party
                                                                             ASC

                           CORAM:
                             JUSTICE SASHIKANTA MISHRA

                                      ORDER

14.11.2024 Order No. 1. This matter is taken up through hybrid mode.

02.

2. The report of the Court below indicates that the case has been split up because of non-production of the absconding accused persons. Further, 10 out of 19 witnesses have already been examined so far.

3. Mr. A.P. Bose, learned counsel for the Petitioner while submitting that the petitioner is in custody for more than three years and also cited a judgment of the Supreme Court rendered in the case of Rabi Prakash Vs. The State of Odisha, reported in 2023 LiveLaw (SC) 533, wherein it was held that prolonged incarceration is against fundamental right guaranteed under Article 21 of the Constitution of India and, therefore, the same shall override the bar under Section 37 of the NDPS Act. Perusal of the judgment reveals that in the said case only one out of nineteen witnesses had been examined, though the Petitioner therein was in custody for nearly three years.

4. The cited case can be easily distinguished from the facts of the

present case in view of the status of trial as reported by the Court below to the effect that 10 out of 19 witnesses have already been examined, which implies that the trial is progressing steadily.

5. Considering the above facts, I am not inclined to allow the prayer for bail, which is therefore, rejected.

(Sashikanta Mishra) Judge

Sisira

Signed by: BHIGAL CHANDRA TUDU

Location: Orissa High Court, Cuttack Date: 18-Nov-2024 19:43:08