SATBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE present case is a glaring example of non-compliance of the directions and even successive directions issued by this Court. Thrice this Court had directed disposal of the criminal trial of the cases, subject matter of this petition, within the specified period. The first order was dated 8.2.1992 where the Court had directed the conclusion of trial within three months. The cases, however, have not been decided even after a lapse of four years, thus the question that squarely falls for consideration is as to whether this Court may like to exercise some amount of restraint while directing disposal of criminal trials within a fixed period. Further what course of action should be adopted by the Courts if the directions issued for such disposal are not adhered to by the trial Courts.

(2.) THE facts of the case in hand are that the petitioners before this Court were arrested in F.I.R. No. 111 dated 18.7.1990 under Sections 302, 148, 149 I.P.C. read with Section 25 of the Arms Act, 1959, of Police Station, Kalanaur. Upon investigation the petitioners were directed to face trial before the learned Sessions Judge, Rohtak, after the commitment of the case. The petitioners are in jail since the date of occurrence and have been behind the bars for the last more than 4 years and 9 months. They filed bail application in this Court which was numbered as Criminal Misc. No. 140-M of 1992 and was disposed of by Hon'ble Mr. Justice G. S. Chahal (as his Lordship then was) with a direction that the trial Court should complete the trial within three months from the next date of hearing. Since the trial could not be completed within 3 months, after sometime the petitioners again moved Criminal Misc. No. 6606-M of 1992 for granting them bail, which was decided by Hon'ble Mr. Justice J. L. Gupta, vide his order dated 12.6.1992, with a direction to the Trial Court to conclude the trial expeditiously and preferably within four months from the date of the order.

(3.) AS a result of the above facts the petitioners have filed the present petition for being released on bail during the pendency of the trial.