TMI Blog1993 (4) TMI 334X X X X Extracts X X X X X X X X Extracts X X X X ..... police officers take interest and feel their accountability and responsibility towards the court's proceedings? A second related question is: How long an accused be kept in prison as an under-trial even he is facing a charge of murder if the prosecuting agency adopt an attitude of indifference? 2. An early decision in a criminal case or sessions trial is possible only if the prosecution witnesses appear in the Court in time. Therefore, it is essential that the witnesses are properly served in time by the concerned authorities and they are produced in the Court. However, the present case demonstrates the helplessness of the Presiding Officer of the court as both the wings, namely; the Prosecuting Agency as well as the conce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contended by the learned counsel that D.O. letters were written to the Superintendent of Police and Deputy Inspector General of Police, Kota, to take steps to get the witnesses served upon, but no positive efforts were made by them or by the Station House Officer of the concerned police station. Learned counsel expressed his anguish towards the attitude of all the police officers and contended that if such conditions continued then a time may come when there would be a complete chaos and break-down of judicial system and the fundamental right of an accused for speedy trial shall remain only a formality in papers. Learned counsel read over the various order sheets of the last 11 months of the trial court. 6. The Public Prosecutor is not p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ritten intimating him that the Superintendent of Police (Rural) Kota did not take any interest in the service of warrants and that he himself should see that the witnesses are served before the next date. 10. On the day i.e. 28.8.1992 again no witness was present. The case was already fixed on 29.8.1992 and on this date also no witness was present. Hence the case was adjourned with a direction to issue fresh bailable warrants to secure the attendance of the warrants. On 25.9.1992 only one witness Kailash was present. However, his statement also could not be recorded as the lawyers were on strike. On the next day i.e. on 26.9.1992 only one witness Laxmi Narain was present. His statement also could not be recorded for the above mentioned r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tendent of Police and Deputy Inspector General of Police. We may imagine the future of the criminal trials if such attitude of the above agencies persist. The prosecuting agency and the police officers are primarily responsible to see that the prosecution witnesses are served in time and they are produced in court in time to avoid any delay in the trial of a criminal case. If they adopt an attitude of indifference then a criminal trial cannot proceed and early decisions cannot be expected even in sessions cases involving grave charge/charges against the accused persons. Will it not make a total break-down of the mechanism of the criminal courts.? I again express my serious anxiety towards the prevailing conditions in Rajasthan. I have come ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court and the Apex Court of the country that speedy trial in a criminal cases is a fundamental right of an accused. (See : Hussainara Khatoon vs. State of Bihar (AIR 1979 SC 1360), Kadra Pehadiya vs. State of Bihar (AIR 1981 SC 939); State of Maharashtra vs. Champa Lal (AIR 1981 SC 1675), Sheela Barse vs. Union of India (AIR 1986 SC 1773), V.K. Agrawal vs. Vasantraj (AIR 1988 SC 1106) and K.K. Tiwari vs. S.P. (CBI), (1989 RCC 249). 15. As stated earlier, the petitioner is in Jail for the last 35 months or so. The delay in the trial was not at his fault. If the trial is not completed within 35 months then I have been left with no option but to release the petitioner on bail. 16. Consequently, it is ordered that the accused-petiti ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
