Right to speedy trial under Article 21 is fundamental and must be ensured, as prolonged detention without trial infringes this right.

Judgment :

G. Satapathy, J.

1. This is a bail application U/S.439 of CrPC by the petitioner for grant of bail in connection with SPE No.24 of 2011 arising out of TR Case No.07 of 2023 for commission of offences punishable U/Ss. 120-B/420/409 r/w Sections 4 /5/6 of Prize Chits & Money Circulation schemes (Banning) Act 1978 (In short the “PCMC Act”) pending in the Court of learned CBI-I, Bhubaneswar.

2. The allegation against the Petitioner in brief is that the Petitioner-Biswajit Bera being one of the Directors and other board of Directors along with officials of M/s. Silicon Project India Ltd, a company without having RBI registration as NBFC and not being listed with National Stock Exchange, were illegally collecting public deposits through out the state of Odisha by accepting fixed deposits, MIS, recurring deposits after alluring the depositors promising them a return with high rate of interest and thereby, cheating the general public. Accordingly, the SI of Baliapal PS in Balasore District lodged an FIR against the Company and some others vide Baliapal PS Case No. 88 of 2013 for commission of offences punishable U/Ss. 420/120-B/34 of IPC r/w Sections 4 /5/6 of PCMC Act. However, subsequently the CBI came into picture and took over the investigation, in the course of which the personal & active involvement of the present Petitioner as one of the directors and signatories of the balance sheet of the Company together his complicity in the commission of offences was unearthed. Accordingly, the Petitioner was arrested for cheating the innocent gullible depositors by misappropriating their money through unauthorized schemes and charge sheet was submitted against the Petitioner and others for commission of offences punishable U/Ss. 120-B/420/409 of r/w Sections 4 /5/6 of PCMC Act. It is also alleged against the Petitioner that he was actively associated with the affairs of the company in the matter of formulation of key policy decisions and promotion of business by deceiving the investors through agents by making false assurance of paying higher returns against the deposits and he was also stated to be the Director of other six companies of the Silicon Groups

3. Heard, Mr. Jaydeep Pal, learned counsel for the Petitioner and Mr. Sarthak Nayak, learned counsel for the CBI in the matter and perused the record.

4. The main thrust of argument of Mr. Pal to grant bail to the Petitioner is violation of his right to speedy trial for his long detention in custody without trial, whereas CBI opposes the bail application of the Petitioner mainly on the ground of prima facie case, involvement of the Petitioner in economic offences of huge magnitude and his involvement in other cases in different States. The Petitioner also seeks for bail on the ground of parity for release of co-accused Jugal Kishor Gupta and Tushar Jana @ Tushar Kanti Jana on bail.

5. After having considered the rival submissions upon perusal of the record, since one of the claims of the petitioner for grant of bail is for violation of his right to speedy trial, this Court considers it to address such issues at the threshold before taking up the other pleas of the petitioner together with the allegation leveled against the Petitioner. On the subject of the right to speedy trial, it is considered relevant by this Court to reiterate the principles laid down by the Constitutional Courts in the matter to understand the problem of the under-trial prisoners and their remedy. In the sequence, the decision which is considered as locus classicus is Hussainara Khatoon Vrs. Home Secy., State of Bihar;(1980) 1SCC 81, wherein the Apex Court while