Supreme Court Slams Orissa HC for Restricting Bail to 2 Months for Undertrial in Custody Since 2022

New Delhi/Bhubaneswar: In a significant ruling, the Supreme Court of India reaffirmed that the right to a speedy trial is fundamental and intrinsically linked to an individual’s right to life and liberty. The Court criticised a recent Orissa High Court decision that granted bail for only two months in a case where the trial was expected to be lengthy.

The case involved a petitioner charged under the Narcotic Drugs and Psychotropic Substances (NDPS) Act for cannabis-related offences. Despite being in custody since May 2022 with minimal trial progress, the High Court had limited the bail period limited to just two months.

Justices JB Pardiwala and Ujjal Bhuyan, forming the vacation bench, extended the petitioner’s bail indefinitely. They underlined that restricting bail to a short period contradicted the principle of speedy trial.

The bench stated, “If the High Court believed the right to a speedy trial was infringed, it should have granted bail pending the trial’s conclusion.” They found no justification for the limited bail period imposed by the lower court.

Referencing the landmark Hussainara Khatoon v. Home Secretary, State of Bihar case, the Supreme Court reiterated that speedy trials are constitutionally guaranteed and essential to personal liberty.

The bench issued a notice in the Special Leave Petition (SLP) and directed that the petitioner remain on bail until further notice.

Advocate Shyam Manohar represented the petitioner in the case, Kishor Karmakar v. The State of Odisha (Special Leave to Appeal (Crl.) No. 8263/2024).