Bhubaneswar: The High Court of Orissa has granted bail to a man who was arrested in 2018 in a murder case when he was a minor, observing that his prolonged incarceration for over seven years amounted to a violation of his fundamental rights under Article 21 of the Constitution.
The high court noted that the trial had made little progress, though the petitioner had been in custody since July 2018. The Cuttack additional district judge had rejected his bail application in November 2024.
In his four-page ruling, justice G Satapathy stressed that the right to a speedy trial was “ingrained in the fundamental right to life and personal liberty”. The high court directed that the man be released on bail under Section 101 of the Juvenile Justice Act on conditions to be decided by the trial court.
A detention spanning seven years was “long enough to be considered a violation” of this right, the high court said, referring to section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015, which provides that a child in conflict with law should be granted bail unless there were reasonable grounds to believe that their release would bring them into association with known criminals, expose them to moral or physical danger, or defeat the ends of justice. The September 9 order was uploaded to the court’s website on Sunday, October 5.
During the proceedings, the trial court requested an additional six months to complete the proceedings. But the high court observed that the continued detention, especially of a juvenile, could no longer be justified.
{{/usCountry}}During the proceedings, the trial court requested an additional six months to complete the proceedings. But the high court observed that the continued detention, especially of a juvenile, could no longer be justified.
{{/usCountry}}“When the trial is yet to be concluded even after more than seven years of detention, this court feels it proper to admit the appellant to bail,” justice Satapathy said.
The bench also pointed to the Social Investigation Report, which did not make any adverse observations against the juvenile to justify his continued detention. “Nowhere does this court find any adverse report against the appellant, who, being detained in observation home for seven years, is considered to be entitled to bail,” the order said.
The case dates back to 2018, when the petitioner was arrested, then a minor, with others in the murder case. He and his friend were accused of killing 31-year-old railway ticket checker TTE Priya Ranjan Jena while he was returning home on his motorcycle on June 17, 2018.
The two accused, who were following him on a scooter, allegedly intercepted him at an isolated place and attempted to rob him. The two are alleged to have dealt a heavy blow on the back of the victim’s head using a screwdriver, following which he lost consciousness and later succumbed to his injuries.
The two accused took away his mobile phone, wristwatch, bag containing ₹700 and other official papers.