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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Aminur Molla – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. consolidated hearings on common applications. (Para 1 , 2) |
| 2. accused details and procedural background. (Para 3 , 4 , 5 , 6) |
| 3. petitioners' request for bail due to long detention. (Para 7 , 8) |
| 4. arguments on pretrial detention and serious charges. (Para 9 , 10 , 11) |
| 5. court's responsibility in ensuring speedy trial. (Para 12 , 13) |
| 6. impact of systemic delays on accused's rights. (Para 14 , 15 , 16) |
| 7. balancing statutory restrictions and fundamental rights. (Para 17 , 19) |
| 8. conclusion and bail order details. (Para 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
V. NARASINGH, J.
1. Since both the BLAPLs relate to the same P.R. Case (Cuttack P.R. Case No.237 of 2022-23) they are heard together and disposed of by this common order, on the consent of the parties.
2. Heard learned counsel for the Petitioners and learned counsel for the State.
3. The Petitioners are accused in connection with 2(a) C.C. No.47 of 2022, pending in the Court of the learned 3rd Additional Sessions Judge, Cuttack, arising out of P.R. Case No.237 of 2022-23 for alleged commission of offences under Sections 20(b)(ii)(C) of the NDPS Act.
4. Learned counsel, on instruction, submits that except the present BLAPLs, n
The right to a speedy trial under Article 21 supersedes statutory restrictions on bail under the NDPS Act, allowing for bail even in cases with prior criminal antecedents.
Prolonged incarceration affects the fundamental right to liberty, allowing bail to be granted despite statutory restrictions under the NDPS Act for first offenders.
The right to a speedy trial is fundamental; prolonged detention without trial violates the accused's rights, warranting bail.
The main legal point established in the judgment is the recognition of the right to speedy trial under Section 36 of the NDPS Act and the balance between this right and the rigors of Section 37 in gr....
In matters of personal liberty, meticulous adherence to procedural timelines should not compromise the accused's right to default bail, especially after the statutory period for charge sheet filing h....
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
The main legal point established is that the length of custody and the expected duration of the trial can be significant factors in granting regular bail under the NDPS Act, while also considering th....
The right to a speedy trial is fundamental, and prolonged detention without trial violates constitutional guarantees, necessitating bail even in serious cases.
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