Ashiqur Rehman v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.11217 of 2021 Ashiqur Rehman ....
Petitioner Mr. A.N. Nayak, D. Dhall, Advocate -versusState of Odisha .... Opposite Party Mr. A. Das, ASC CORAM: JUSTICE S.K. PANIGRAHI
ORDER
07.03.2022 Order No.
03.
1. The matter is taken up through hybrid mode.
2. Heard learned counsel for the petitioner and learned counsel for the State.
3. The petitioner being in custody in Kuakhia P.S. Case No.273/2021 corresponding to C.T. Case No.1691/2021 of the court of learned SDJM, Jajpur for the alleged commission of offence under Sections 457 and 395 of the IPC has filed this petition for his release on bail.
4. The prosecution case in brief is that on 17.08.2021 the petitioner along with three other persons entered into the jewellery shop of the informant after cutting the iron grill of its window using gas cutter and stole gold ornaments and cash from the shop.
5. Learned counsel for the petitioner submits that the petitioner has been falsely entangled in the case and he has not been identified in the T.I. parade. That apart, the petitioner is in custody since 17.08.2021 and he has no criminal antecedent. So, the application for bail may be allowed.
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6. Learned counsel for the State opposes the bail prayer of the petitioner.
7. It is seen from the record that co-accused has been granted bail by this Court vide order dated 03.01.2022 in BLAPL No.9047 of 2021. The trial has not yet been commenced. The Hon'ble Apex Court, time and again, has expressed displeasure on the delay of trial of the under trial 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 offence 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. Considering the aforesaid facts and submissions, the BLAPL is allowed.
1 (1980) 1 SCC 81
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9. Let the petitioner be released on bail in the aforesaid case by the court in seisin over the matter with some stringent terms and conditions as deemed just and proper with further conditions that: i. he shall appear before the court in seision over the matter on each date of posting of the case till completion of trial;
ii. he shall not indulge himself in any kind of criminal activity while on bail 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