Undertrial since May 2022: Supreme Court disapproves Orissa High Court order limiting bail to 2 months

The High Court had granted bail to the appellant after taking note that only one witness had been examined so far. However, it had limited the bail to two months only.
Supreme Court, Jail
Supreme Court, Jail
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The Supreme Court recently criticised the Orissa High Court for limiting the bail granted to an undertrial prisoner to two months despite noting that the latter has been in custody since May 2022[Kishor Karmakar v. State of Odisha].

A vacation bench of Justice JB Pardiwala and Justice Ujjawal Bhuyan said that it was an incorrect order and placed reliance on the decision in Hussainara Khatoon and Others v. Home Secretary, State of Bihar, Patna to reiterate the settled legal position that the right to speedy trial of an accused is closely connected to the right to life and personal liberty under Article 21 of the Constitution.

The High Court had granted bail to the appellant after taking note that only one witness had been examined so far. However, it had limited the bail to two months only.

"In our opinion, it is an incorrect order. If the High Court was of the view that the right of the petitioner to have a speedy trial could be said to have been infringed, then the High Court should have ordered release of the petitioner on bail pending final disposal of the trial itself. There was no good reason for the High Court to limit the period of bail," the apex court observed.

The Court also directed the appellant to continue on bail till further orders.

Justice JB Pardiwala and Justice Ujjal Bhuyan
Justice JB Pardiwala and Justice Ujjal Bhuyan

The appellant was booked under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). He had been in custody pending trial since May 11, 2022 and was granted bail by the High Court on May 6, 2024.

However, despite noting that only witness had been examined, the High Court limited the operation of bail to two months only.

Aggrieved by the same, the appellant moved the apex court which granted him relief.

[Read Order]

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