Bhima Madhi Vs State of Odisha

Signature Not Verified Digitally Signed Sadar P.S. Case No.16 of 2023 corresponding to C.T. Case Signed by: LITARAM MURMU Designation: Personal Assistant Reason: AuthenticationLocation: OHC No. 03 of 2024, pending in the court of the learned Sessions Date: 21-Feb-2025 19:01:14 Judge, Malkanagiri, registered for the alleged commission of

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offence under Sections 302/201/34 of the IPC, has filed this petition for his release on bail.

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The brief fact of the case is that on 29.08.2023 one Ganga Madkami lodged an F.I.R before the Police stating that somebody had hanged the dead body of his brother named Deba Madkami. It is alleged that there was dispute in between Muka Madhi and the deceased, for which the deceased assaulted the wife of Muka Madhi. Thereafter, it is alleged that the Petitioner along with others had assaulted the deceased and hanged in a tree.

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Learned counsel for the Petitioner submits that the Petitioner has been falsely implicated in this case and he is no way connected with the offences as alleged by the prosecution in any manner. He further submits that the Petitioner is in custody since 31.08.2023. Hence, he submits that the Petitioner may be enlarged on bail.

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Learned counsel for the Petitioner further submits that the Hon'ble Supreme Court has held that right to have speedy trial is a fundamental right of a citizen. Hence, keeping a person in custody for such a long time without any trial is not

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Signature Not Verifiedjustified and violative of his fundamental right. The Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication importance of speedy trial has been emphasized in the case of

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Location: OHC Date: 21-Feb-2025 19:01:14

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Hussainara Khatoon & Ors. vs Home Secretary, State of Bihar , wherein the Hon'ble Supreme Court has iterated that:

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"Speedy trial is, as held by us in our earlier judgment dated 26th February, 1979, an essential ingredient of 'reasonable, fair and just" procedure guaranteed by Article 21 and it is the constitutional obligation of the State to device such a procedure as would ensure speedy trial to the accused. The State cannot be permitted to deny the constitutional right of speedy trial to the accused on the ground that the State has no adequate financial resources to incur the necessary expenditure needed for improving the administrative and judicial apparatus with a view to ensuring speedy trial."

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He further argues that the period of long incarceration suffered, which entitle the Petitioner for grant of bail. Right to Speedy trial is a fundamental right of an under trial prisoner and this observations have been resonated, time and again, in several judgments including that of Kadra Pahadiya & Ors. v. State of Bihar¹ wherein it has been held that the obligation of the State or the complainant, as the case may be, to proceed with the case with reasonable promptitude. Particularly, in a country like ours, where the large majority of the accused come from poorer and weaker sections of the society and are not versed with laws and after face the dearth of competent legal advice. Of course, in a given case, if an accused demands

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Signature Not Verified

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Digitally Signed speedy trial and yet he is not given one, may be a relevant Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication f act or in his favour. But an accused cannot be disentitled from Location: OHC Date: 21-Feb-2025 19:01:14

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1 (1981) 3SCC 671

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complaining of infringement of his right to speedy trial on the ground that he did not ask for or insist upon a speedy trial.

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The Supreme Court has also held in Mohd. Muslim @ Hussain v. State (NCT of Delhi)² that incarceration has further deleterious effects where the accused belongs to the weakest economic strata: immediate loss of livelihood, and in several cases, scattering of families as well as loss of family bonds and alienation from society. The courts therefore, have to be sensitive to these aspects (because in the event of an acquittal, the loss to the accused is irreparable), and ensure that trials - especially in cases, where special laws enact stringent provisions, are taken up and concluded speedily.

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Learned counsel for the State submits that the Petitioner is alleged to have been involved in heinous crime of murder. He further submits that the statement of the informant recorded under Section 161 of Cr.P.C. reveals that prima facie case is well made out against the present Petitioner for commission of the alleged offences. Hence, he vehemently opposes the prayer for bail.

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Without going into the merit of the case and considering the Signature Not Verifiedrole of the present Petitioner which is quite hazy because of Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication the facts presented before the I.O. and also in the statement of Location: OHC Date: 21-Feb-2025 19:01:14

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2 SLP (Crl.) No.915 of 2023

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the informant recorded under Section 164 of Cr.P.C. as well as the period of detention of the Petitioner in custody, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:-

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i. the Petitioner shall appear before the trial court on each date of posting of the case;

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ii. the Petitioner shall appear before the local police station once a week on Monday in between 10 A.M. to 12.00 Noon.

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iii. the Petitioner shall not indulge himself in any criminal offence while on bail;

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iv. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; and

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v. the Petitioner, shall plant 100 saplings of local varieties like mango, neem, tamarind etc., around his village on Government land/community land/private land, if it is in the possession of the Petitioner or his family members. In case of unavailability of land, the Revenue Authority shall assist to indentify the land

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Signature Not Verified

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for plantation.

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Digitally Signed Signed by: LITARAM MURMU Designation: Personal Assistant Reason: Authentication Violation of any of the above conditions shall entail Location: OHC Date: 21-Feb-2025 19:01:14 cancellation of the bail.

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The I.I.C. of the concerned Police Station, in coordination with the local Forest Officer, shall monitor whether the Petitioner has planted the saplings or not.

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It is further made clear that the Petitioner shall file an affidavit after the plantation of the saplings before the local Police Station, assuring that he shall maintain those saplings for two years.

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