Cuttack: The Orissa high court rapped a court of Judicial Magistrate First Class (JMFC) and court of Sessions Judge for committing “gross illegalities” while rejecting default bail pleas of two persons accused in a murder case.
Justice Shasikanta Mishra emphasised that all courts are expected to be aware of the constitutional right of the accused to get default bail when the chargesheet in the case is not filed within the stipulated 120 days. “The right to default bail is akin to the fundamental right of liberty guaranteed under Article 21 of the Constitution.”
According to sources, the two persons were booked for murder by Balipatna police on July 7, 2022, and arrested on July 11. They had moved the high court after the court of JMFC and court of sessions judge, both in Bhubaneswar, rejected their pleas.
On examining the case records, the HC found the chargesheet in the case was not filed in court within the stipulated 120 days, and held that the court of JMFC had committed glaring illegalities by condoning the prosecution’s delay. “What is more surprising to note is, sessions judge being a senior judicial officer also failed to appreciate this fundamental aspect and principle of law,” Justice Mishra observed in his April 4 order, a copy of which was available on Saturday.
“When the question of liberty of a person is involved, it is expected that the court shall rise to the occasion to dispense justice without in the least aligning itself with any party whatsoever, he said, adding, “The accused persons are entitled to be released on bail forthwith”.
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