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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Biswajit Bera – Appellant
Versus
Republic of India – Respondent
| Table of Content |
|---|
| 1. overview of bail application and allegations. (Para 1 , 2) |
| 2. arguments concerning the right to a speedy trial. (Para 4) |
| 3. court's analysis on the right to a speedy trial. (Para 5 , 6 , 7 , 8 , 9) |
| 4. consequences of delayed trials on rights and bail. (Para 10 , 11 , 12 , 14) |
| 5. order granting bail to the petitioner. (Para 15 , 16) |
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 deposi
Right to speedy trial under Article 21 is fundamental and must be ensured, as prolonged detention without trial infringes this right.
The judgment established the fundamental right to speedy trial as a part of the right to life and liberty under Article 21 of the Constitution. It also emphasized the principles of bail, including th....
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond one-half of the maximum imprisonment period without trial, leading to bail being....
The right to a speedy trial under Article 21 mandates release under Section 436-A of the CrPC after serving half of the maximum imprisonment period, regardless of the nature of the offence.
The right to a speedy trial under Article 21 of the Constitution mandates that an undertrial cannot be detained beyond half of the maximum sentence without trial, warranting bail under Section 436-A ....
Successive bail in serious offences granted on material change like trial delay and co-accused releases, upholding speedy trial right under Article 21 despite prior rejection.
Prolonged pre-trial detention violates the fundamental right to a speedy trial under Article 21, necessitating bail for the accused.
The right to a speedy trial under Article 21 of the Constitution is fundamental; prolonged detention without trial justifies bail, regardless of the seriousness of the charges.
The right to a speedy trial is fundamental under Article 21, and prolonged detention without trial violates this right, warranting bail even in serious offenses.
Prolonged pre-trial detention over two years due to inordinate trial delay violates Article 21 speedy trial right, warranting bail despite serious narcotics offence gravity.
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