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IN THE HIGH COURT OF ORISSA AT CUTTACK
V.NARASINGH
Paramesh Podal @ Dipu – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. basis of the bail application. (Para 2 , 3 , 4 , 5) |
| 2. state's opposition to bail. (Para 6 , 8) |
| 3. court's interpretation of bail conditions. (Para 7 , 9 , 10 , 11) |
| 4. right to speedy trial and bail entitlement. (Para 12) |
| 5. conditions for granting bail. (Para 13 , 14 , 15 , 16 , 17) |
ORDER :
V.NARASINGH, J.
1. Heard learned counsel for the Petitioner and learned counsel for the State.
2. The Petitioner is an accused in T.R. Case No.55 of 2020 pending on the file of learned Addl. Sessions Judge-cum-Special Judge, Koraput, arising out of Semiliguda P.S. Case No.79 of 2020 for commission of the offence under Sections 20 (b)(ii)(C)/29 of the N.D.P.S Act.
3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge-cum-Special Judge, Koraput, by order dated 30.06.2023 in the aforementioned case, the present BLAPL has been filed.
4. It is submitted by the learned counsel that charge sheet in the case at hand has been filed on 4.12.2020 on the accusation of possessing contraband (ganja) to the tune of 1000 Kg.
5. It is further submitted that the Petitioner is in custody since 18.09.2020 and only two witnesses have been examin
Prolonged incarceration and lack of trial progress can justify bail under Article 21, overriding restrictions in the N.D.P.S Act.
Prolonged incarceration affects the fundamental right to liberty, allowing bail to be granted despite statutory restrictions under the NDPS Act for first offenders.
The court held that while the NDPS Act imposes strict bail conditions, the accused's right to a speedy trial under Article 21 may supersede these restrictions, allowing for bail under certain circums....
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 due to prosecution delays can override statutory bail restrictions under the NDPS Act, affirming the right to personal liberty under Article 21.
Prolonged pre-trial detention can justify bail despite statutory restrictions, emphasizing the right to personal liberty and speedy trial.
The court balanced the considerations of the large quantity of contraband ganja and the delay in commencing the trial in reaching its decision on the bail application.
The court may consider the filing of the charge sheet and the release of co-accused as grounds for granting bail.
Prolonged incarceration due to prosecution delays can justify bail, overriding statutory restrictions under the NDPS Act, in light of the right to personal liberty under Article 21.
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