In a significant ruling, the court highlights infringement of the right to a speedy trial, granting bail due to prolonged detention and the death of key witnesses.
In a landmark judgment, the Orissa High Court has granted bail to Sushanta Dhalasamanta, who has been in custody for over a decade without the conclusion of his trial. The bail was granted by Justice G. Satapathy in response to a petition filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, highlighting severe delays and procedural lapses that have infringed on the fundamental right to a speedy trial, as enshrined under Article 21 of the Constitution.
The petitioner, accused of conspiring and committing the murder of Akhana @ Akhaya Kumar Malia, has been languishing in jail since charges were framed in 2016. Despite the passage of ten years, only half of the charge-sheeted witnesses have been examined, with many turning hostile and others deceased, including key witnesses Krushna Chandra Malia and Dibakar Behera, whose testimonies were crucial to the prosecution's case.
Justice Satapathy noted the systemic delays and the state's inability to provide a timeline for concluding the examination of witnesses. The judgment pointed out the state's speculative assurances regarding the trial's conclusion, which failed to provide any concrete resolution, thus violating the petitioner's right to a speedy trial.
The court further highlighted that mere criminal antecedents could not justify continued incarceration, referencing precedents such as Ayub Khan v. State of Rajasthan, where prolonged detention was deemed a sufficient basis for granting bail, irrespective of criminal history.
The judgment also took into account the acquittal of co-accused Sushil Kumar Dhalasamanta, who faced similar charges but was exonerated in a separate trial. This development further weakened the prosecution's case against Sushanta Dhalasamanta, emphasizing the need for equity in judicial proceedings.
Justice Satapathy's order mandates the petitioner to furnish bail bonds of Rs. 50,000 with two solvent sureties and comply with conditions such as attending court proceedings diligently and refraining from influencing witnesses. The state retains the right to seek bail cancellation should the petitioner violate these conditions.
This decision underscores the judiciary's commitment to uphold constitutional rights and ensure justice is not delayed, thereby becoming a denial. The judgment echoes a growing concern over prolonged pre-trial detentions, urging reforms to safeguard individual liberties and streamline judicial processes.
Bottom line:-
Bail granted due to prolonged custody of over 10 years without conclusion of trial, infringement of right to speedy trial, and material witnesses being deceased.
Statutory provision(s):
Section 439 of the Criminal Procedure Code, 1973; Article 21 of the Constitution of India, 1950; Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023
Sushanta Dhalasamanta v. State of Orissa, (Orissa) : Law Finder Doc id # 2893318
