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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 :
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.
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.
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 a
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 ....
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.
An accused's right to a speedy trial under Article 21 mandates that excessive delays in trial should not negate the possibility of bail under serious charges.
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