Incorrect’: Supreme Court Criticizes HC Order Limiting Bail of Undertrial to 2 Months Despite Long Custody
The Supreme Court on Tuesday, July 2, reiterated the established legal principle that an accused’s right to a speedy trial is a fundamental right intrinsically linked to the right to life and personal liberty. The Court condemned the High Court’s decision to release the petitioner on bail for only two months, despite the lengthy trial process.
The case involved a challenge to a bail order granted by the Orissa High Court. According to the impugned order, the petitioner was released on bail for only two months, even though he had been in custody since May 11, 2022, and only one witness had been examined so far. The petitioner faced charges under Section 20(b)(ii)(c) of the NDPS Act for offenses related to cannabis.
The vacation bench of Justices JB Pardiwala and Ujjal Bhuyan granted bail to the petitioner and noted that the High Court erred in restricting the bail period to only two months. This, the bench observed, violated the petitioner’s right to a speedy trial.
“In our opinion, it is an incorrect order. If the High Court believed that the petitioner’s right to a speedy trial had been infringed, it should have ordered the release of the petitioner on bail pending the final disposal of the trial. There was no valid reason to limit the bail period.”
The Supreme Court relied on the settled legal principle from the landmark case of Hussainara Khatoon v. Home Secretary, State of Bihar, to issue a notice in the Special Leave Petition.
“It is now well settled that the right to a speedy trial is recognized as a fundamental right guaranteed by the Constitution and is closely tied to the right to life and personal liberty, as held by this Court in Hussainara Khatoon & Ors. v. Home Secretary, State of Bihar, Patna [1979 (3) SCR 532].”
In light of these observations, the Supreme Court issued a notice and directed that the petitioner shall remain on bail pending further proceedings.
Advocate Shyam Manohar represented the petitioner in this case.
Case Details: Kishor Karmakar v. The State of Odisha, Special Leave to Appeal (Crl.) No(s). 8263/2024
