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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Sania @ Debashis Das – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. bail application facts and history. (Para 2 , 3 , 4 , 5 , 6) |
| 2. arguments for and against bail. (Para 7 , 10 , 11) |
| 3. court's analysis of the trial delay. (Para 8 , 12) |
| 4. right to bail and speedy trial. (Para 13 , 14) |
| 5. conclusion and bail granted. (Para 17 , 18 , 19 , 20) |
Judgment :
V.NARASINGH, J.
1. Heard Mr. B. Das, learned counsel for the Petitioner and Mr. G.N. Rout, learned Additional Standing Counsel for the State.
2. The Petitioner is an accused in connection with C.T. Case No.424 of 2022 pending on the file of learned Additional District & Sessions Judge, Jagatsinghpur arising out of Jagatsinghpur P.S. Case No.851 of 2022 for commission of offence alleged under Sections 21 (C) and 29 of the NDPS Act.
3. Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.
4. Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita ( BNSS ) by the learned Addl. District Judge, (I/C) Jagatsinghpur by order dated 23.07.2024 in the aforementioned case, the present BLAPL has been filed.
5. This is
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.
Prolonged detention without trial violates Article 21 rights, warranting bail under specific conditions to ensure fairness while addressing state concerns on non-bailable offenses.
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....
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
Prolonged incarceration and lack of trial progress can justify bail under Article 21, overriding restrictions in the N.D.P.S Act.
Bail can be granted even under stringent laws like the NDPS Act when prolonged incarceration occurs without trial, emphasizing personal liberty and the presumption of innocence.
In NDPS commercial quantity cases, prolonged incarceration over two years due to inordinate trial delay violates Article 21 speedy trial right; bail grantable despite Section 37 if guilt unproven and....
Prolonged incarceration due to prosecution delays can override statutory bail restrictions under the NDPS Act, affirming the right to personal liberty under Article 21.
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