BILAL ALIAS MOHAMED BILAL Vs. STATE

JUDGEMENT

(1.) THE petitioners herein, who are some of the accused in the sensational Bomb Blast Case being conducted before the learned Sessions judge for trial of Bomb Blast Cases, Coimbatore , have filed this revision against the order passed by the said Court in crl. M. P. No. 675 of 2005 in S. C. No. 2 of 2000, dismissing the prayer of the petitioners to circulate the questionnaire framed under Section 313 of the Code of Criminal Procedure for the purpose of seeking legal assistance and to submit written answers for the same.

(2.) THE learned Sessions Judge, having adverted to the provision under Section 313 of the Code of Criminal Procedure, chose to dismiss the prayer of the petitioners and direct them to follow the guidelines given by him in the order in CFR No. 711 of 2005. THE operative portion of the order in CFR No. 711 of 2005 reads as follows:-" i ) That the questions prepared under Section 313 of Cr. P. C shall be permitted to be perused by the accused. ii) THE permission shall be granted only to those accused who apply for the same. iii) THE perusal shall be permitted only in the Court hall in the presence of the Security Personnel and Ministerial Officials during office hours. iv) Any accused also on application shall be permitted to go through the replies given by any other accused. v) As far as possible the questioning shall be done in the order of Sl. N o. of the accused as arrayed in this case. Any how, if any of the accused do not turn up, the questioning process shall be done to those who are present. "

(3.) THE Section contemplates fielding of question to the accused by the Court with regard to the incriminating circumstances spoken to by the witnesses and the personal explanation of the accused in regard to the circumstances appearing in the evidence against him.