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IN THE HIGH COURT OF ORISSA AT CUTTACK
B.P.ROUTRAY
Manoranjan Das – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. petitioner's arrest and bail request details. (Para 1) |
| 2. court's previous ruling on statutory periods. (Para 2 , 6) |
| 3. petitioner's argument for bail based on history of custody. (Para 3 , 4) |
| 4. precedents related to lengthy custody and psycho-social impacts. (Para 7 , 8) |
| 5. court's observations on bail conditions under special laws. (Para 9 , 10) |
| 6. court's directive to grant bail. (Para 11 , 12) |
JUDGMENT :
B.P.ROUTRAY, J.
1. The Petitioner has prayed to release him on bail under Section 439 Cr.P.C. He was arrested and remanded to custody on 4th September 2021 in connection with S.T.F. P.S. Case No.31 dated 3rd September 2021 for alleged commission of offences under Sections 21 (c)/29 of the N.D.P.S. Act for transporting and possessing 1 kg 34 grams of brown sugar (heroin). Since then, the Petitioner is inside custody in connection with the aforesaid Police Case corresponding to T.R. Case No.126 of 2021 in the court of learned 1st Additional Sessions Judge-cum-Special Judge, Khordha.
2. The prayer for his release on default bail in terms of the provisions contained in Section 167 (2) of the Cr.P.C. read with Section 36 -A(4) of the N.D.P.S. Act was earlier rejected by
The court held that under Section 167(2) CrPC, the remand period must exclude the initial remand date for the entitlement to default bail, recognizing the need for prompt trials to prevent unjust det....
The right to a speedy trial can necessitate granting bail even under stringent conditions, particularly when incarceration exceeds reasonable limits.
Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of NDPS Act, given imperative of Section 436A of Cr.P.C., which is applicable to offences under NDPS Act t....
Bail – Section 436-A of Cr.P.C. does not exclude offences under NDPS Act – Deprivation of personal liberty without ensuring speedy trial is not consistent with Article 21.
The right to a speedy trial is fundamental, and prolonged detention without trial infringes upon this right, warranting bail.
The main legal point established in the judgment is that the right to speedy trial under Article 21 of the Constitution can override the statutory embargo created under Section 37(1)(b)(ii) of the ND....
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....
The right to a speedy trial is fundamental, and prolonged detention without trial violates Article 21 of the Constitution.
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