CUTTACK, India, June 12 -- Orissa High Court issued the following order on May 12:

1. This matter is taken up through hybrid arrangement.

2. Heard learned counsel for the parties.

3. The Petitioner being in custody in Boudh P.S. Case No. 443 of 2023 corresponding to S.T. Case No.13 of 2024, pending in the court of the learned Additional District and Sessions Judge, Boudh, registered for the alleged commission of offence under Section 302 of IPC has filed this petition for his release on bail.

4. The prosecution case, in brief, is that on 13.11.2023 at about 8.00 A.M. the informant came to know that a dead body was lying in a wounded condition near Didingapadar village. Thereafter, the informant rushed to the spot and found that a male person aged about 40 to 50 years having cut injuries was lying dead. The informant suspected that the murder has been committed last night. Accordingly, he informed the police regarding the occurrence. Hence, this case.

5. Learned counsel for the Petitioner submits that out of 24 charge sheeted witnesses, 8 witnesses have already been examined. He further submits that the Petitioner has been implicated in this case based on the confessional statement of the co-accused persons. He further submits that the Petitioner is in custody since 06.12.2023. Hence, he submits that the Petitioner may be enlarged on bail.

6. 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 justified and violative of his fundamental right. The importance of speedy trial has been emphasized in the case of Hussainara Khatoon & Ors. vs Home Secretary, State of Bihar, wherein the Hon'ble Supreme Court has iterated that:

The rest of the document can be viewed at https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x6ofw6sgEYElT12gAe1M4oNbCjSg3DgZ%2ByQuHFccwHG2&caseno=BLAPL/533/2025&cCode=1&cino=ODHC010022242025&state_code=11&appFlag=

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