Orissa High Court
Muna Khan vs State Of Odisha .... Opposite Party(S) on 7 January, 2025
Author: S.K. Panigrahi
Bench: S.K. Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1148 of 2024
Muna Khan .... Petitioner(s)
Mr. Ramesh Chandra Moharana, Adv.
-versus-
State of Odisha .... Opposite Party(s)
Smt. Jyosna Mayee Sahoo, ASC
CORAM:
DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 07.01.2025
F.I.R. Dated Police Case No. and Sections
No. Station Courts' Name
0555 20.10.2020 Sadar S.T. Case No.198 of Sections
2021 in connection 302/449/120(B)/109/
with P.S. Case 457/380/34 of I.P.C
pending in the
court of learned 1st
Additional Sessions
Judge, Cuttack
04. 1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioner and learned
counsel for the State.
3. The Petitioner being in custody in connection with S.T.
Case No.198 of 2021 arising out of P.S. Case No.555 of 2020
Designation: Personal Assistant
Reason: Authentication pending in the court of learned 1st Additional Sessions
Location: High Court of Orissa
Date: 08-Jan-2025 17:37:31
Judge, Cuttack, registered for the alleged commission of
offence under Sections 302/449/120(B)/109/ 457/380/34 of
I.P.C, has filed this application for his release on bail.
4. The prosecution story, in brief, is that on 20.10.2020 at
about 12.02 P.M, the informant received information that
someone killed her sister and her health condition is
serious. Soon after hearing the said information he
immediately went to the house of the deceased and found
the deceased Prabhasini Pradhan dead. Then, he suspected
that her husband named Gopal Behera committed murder
of her sister. Hence, reported the matter for legal action.
5. Learned counsel for the Petitioner submits that the
Petitioner has been falsely implicated in this case. He
further contends that the Petitioner has been in custody
since 03.11.2020. Further, the co-accused person has
already been enlarged on bail vide order dated 08.01.2024
passed in BLAPL No.11928 of 2022.
6. He further contends that the 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. vrs. Home Secretary, State of Bihar 1, wherein the
Signed by: AYASKANTA JENA Supreme Court has iterated that:
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa "Speedy trial is, as held by us in our earlier judgment dated
Date: 08-Jan-2025 17:37:31
26th February, 1979, an essential ingredient of 'reasonable,
1979 AIR 1360
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. He further argues that the period of long incarceration
suffered, which entitles the Petitioner for grant of bail.
Right to Speedy trial is a fundamental right of an under
trial prisoner and this observations have been resonated,
time and again, in several judgments including that of
Kadra Pahadiya & Ors. v. State of Bihar2 wherein it has
been stated that the obligation of the State or the
complainant, as the case may be, to proceed with the case
with reasonable promptitude. Particularly, in a country
like ours, where the large majority of the accused come
from poorer and weaker sections of the society and are not
versed with laws and after face the dearth of competent
legal advice. Of course, in a given case, if an accused
demands speedy trial and yet he is not given one, may be a
relevant factor in his favour. But an accused cannot be
disentitled from complaining of infringement of his right
to speedy trial on the ground that he did not ask for or
insist upon a speedy trial.
8. The Supreme Court has also held in Mohd. Muslim @
Designation: Personal Assistant
Reason: Authentication Hussain v. State (NCT of Delhi)3 that incarceration has
Location: High Court of Orissa
Date: 08-Jan-2025 17:37:31
(1981) 3 SCC 671
further deleterious effects where the accused belongs to
the weakest economic strata: immediate loss of livelihood,
and in several cases, scattering of families as well as loss of
family bonds and alienation from society. The courts
therefore, have to be sensitive to these aspects (because in
the event of an acquittal, the loss to the accused is
irreparable), and ensure that trials - especially in cases,
where special laws enact stringent provisions, are taken up
and concluded speedily.
9. Learned counsel for the State vehemently opposes the
bail prayer of the Petitioner.
10. Considering the submissions made on behalf of both
the parties, without going into the merits of the case and
the since the co-accused person has already been enlarged
on bail vide order dated 08.01.2024 passed in BLAPL
No.11928 of 2022, this Court directs the court in seisin over
the matter to release the present Petitioner on bail in the
aforesaid case on some stringent terms and conditions
with further conditions that:
i. the Petitioner shall appear before the
concerned local Police Station on every
Monday between 10.00A.M. to 1.00P.M. till
conclusion of the trial;
ii. the Petitioner shall not indulge himself in any
Signed by: AYASKANTA JENA iii. the Petitioner shall not tamper the evidence of
Designation: Personal Assistant
Reason: Authentication
Location: High Court of Orissa
the prosecution witnesses in any manner;
Date: 08-Jan-2025 17:37:31
iv. the Petitioner shall not threaten or cause any
kind of inconvenience to the victim or the
family members of the victim;
Violation of any of the above conditions shall entail
cancellation of the bail.
12. This BLAPL is, accordingly, disposed of.
(Dr. S.K. Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
Date: 08-Jan-2025 17:37:31
