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IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
“B” – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. recap of case history and bail applications (Para 1 , 2 , 3) |
| 2. argument regarding treatment and conditions in jail (Para 4 , 6) |
| 3. condition and rights of the petitioner as hiv+ (Para 5 , 11) |
| 4. court's reasoning supporting bail grant despite antecedents (Para 8 , 12) |
| 5. final decision and order for bail (Para 13 , 14 , 15) |
JUDGMENT :
SAVITRI RATHO, J.
1. This is the third application of the petitioner under Section 439 of the Cr.P.C. in connection with Dhenkanal Sadar P.S. case No. 660 of 2023 corresponding to C.T. (Special) Case No. 11 of 2023 pending in the Court of the learned Judge, Special Court, Dhenkanal, under Section 21 (b) of the N.D.P.S. Act.
2. BLAPL No.10664 of 2023 filed by the petitioner and co-accused Jitu @ Jitendra Pradhan had been disposed of on 05.10.2023 granting liberty to the petitioner to move for bail afresh after completion of the investigation.
3. BLAPL No. 13029 of 2023 had been filed by the petitioner and co-accused Jitu @ Jitendra Pradhan after completion of the investigation. On 21.11.2023, the prayer for bail of the co-accused Jitu @ Jitendra Pradhan had been allowed, while the prayer of the petitioner had been rejected as he had one cri
The court affirmed that individuals suffering from HIV/AIDS are entitled to humane treatment and may be granted bail even with criminal antecedents, considering the impact of incarceration on their h....
The court reaffirmed that bail under the NDPS Act requires strict adherence to Section 37(1)(b)(ii), emphasizing that health conditions alone do not justify bail in serious drug offenses.
Grant of bail – While considering application for bail made by accused involved in offence under NDPS Act liberal approach ignoring mandate under Section 37 of NDPS Act is impermissible.
Prolonged incarceration and lack of criminal history can justify bail under the NDPS Act, overriding statutory restrictions.
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 allow bail despite statutory restrictions under the NDPS Act, as it violates the fundamental right under Article 21 of the Constitution.
The right to a speedy trial can necessitate granting bail even under stringent conditions, particularly when incarceration exceeds reasonable limits.
The court can relax statutory bail conditions under the NDPS Act for first-time offenders awaiting trial to uphold the right to a speedy trial.
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
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