Aaula Sharma v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.9240 of 2021 Aaula Sharma ....
Petitioner Mr. S.S. Ray, Advocate -versusState of Odisha .... Opposite Party Mr. G.R. Mohapatra, ASC CORAM: JUSTICE S.K. PANIGRAHI
ORDER
14.03.2022 02.
1. The matter is taken up through hybrid mode. Order No.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. The petitioner being in custody in Pattapur P.S. Case No.138/2020 corresponding to G.R. Case No.26 of 2020(N) of the court of learned Special Judge-cum-2nd Addl. Sessions Judge, Berhampur for the alleged commission of offence under Section 20(b)(ii)(C) of the NDPS Act has filed this petition for his release on bail.
4. The prosecution case, as narrated in the FIR, is that on 13.06.2020 while patrolling duty, the police got information and intercepted two persons approaching Gajapati holding two gunny bags on a Royal Enfield bullet. After chasing them and on search, the police recovered 29 kgs of Ganjas from their possession.
5. Learned counsel for the petitioner submits that the petitioner has been in custody since 13.06.2020 and the trial has not yet
// 2 // commenced. He further submits that the petitioner has no criminal antecedent and he undertakes to abide the terms and conditions imposed on him in case he is released on bail. It is further stated that co-accused has been granted bail by this Court vide order dated 08.03.2021 in BLAPL No.10056 of 2021.
6. Learned counsel for the State vehemently opposes the bail prayer of the petitioner.
7. The petitioner has already spent in custody for about more than one and half year. The trial has not commenced. The Hon'ble Apex Court, time and again, has expressed displeasure on the delay of trial of the undertrial prisoners and their sufferings due to such delay. The Hon'ble Apex Court in Hussainara Khatoon (I) v. State of Bihar,1 observed that "speedy trial is not specifically enumerated as a fundamental right in India; it is implicit in a broad sweep and content of Article 21 of the Indian Constitution". It is pertinent to mention that certain provisions of the Cr.P.C. impose a statutory obligation upon the courts to proceed the trial "expeditiously" so that the case could be disposed of without inordinate delay. The speedy trial of offences is a desirable goal because long delay can defeat justice.
There is a common proverb - 'delay defeats justice'. Hence, it is said that speedy justice is the essence of an organized society and the cases should be decided as early as possible. The present case fails to confirm to the aforesaid stand as articulated by the Hon'ble Apex Court.
8. Keeping in view the aforesaid facts and submissions, the BLAPL is allowed.
1 (1980) 1 SCC 81
// 3 //
9. Let the petitioner-Aaula Sharma be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin over the matter with further conditions that:- i. he shall appear before the trial court on each date of posting of the case;
ii. he shall not indulge in any kind of criminal activity during bail period and shall not tamper with the evidence of prosecution witnesses in any manner.
10. Violation of any of the conditions shall entail cancellation of the bail.
11. The BLAPL is disposed of.
Urgent certified copy of this order be granted as per rules. (S.K. Panigrahi) Judge pcd