Petitioner challenging custody for narcotic smuggling sought interim bail due to trial delays exceeding 1.5 years. High Court granted interim bail for one month with strict conditions of appearance.
Interim bail for one month directed, subject to conditions of personal appearance and Notice Bail for default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3270 of 2023
Raju Gudia
…. Petitioner
Mr. A.K. Jena, Advocate
-Versus-
State of Odisha …. Opposite Party Additional Standing Counsel
CORAM: JUSTICE SASHIKANTA MISHRA
ORDER_ 06.11.2023 Order No. 1. This matter is taken up through hybrid mode. 2. 2. Heard learned counsel for the petitioner and learned counsel for the State 3. The petitioner is in custody in connection with Orkel P.S. Case No. 88 of 2022 corresponding to Spl. G.R. Case No. 73 of 2022 pending in the Court of learned Sessions Judge-cum-Special Judge, Malkangiri. 4. It is alleged that the petitioner was involved in transporting contraband ganja weighing 1047 kgs when he was apprehended by police. It is submitted that despite being in custody for more than one and half years, trial has not concluded as yet which violates his right to speedy trial included within the ambit of article 21 of the Constitution of India.
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( Sashikanta Mishra)
Judge
B.C. Tudu
Signature Not Verified
Digitally Signed Signed by: BHIGAL CHANDRA TUDU Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 08-Nov-2023 11:42:35
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1 issue framed by the court
Whether the petitioner shall be released on interim bail considering the delay in trial violating right to speedy trial.
Raju Gudia
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
