JARNAIL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY means of this petition the petitioners Jarnail Singh and Devinder Singh @ Bhola, who are confined in Central Jail, Ludhiana, in FIR No. 28, dated 13.5.1995, registered under Sections 302/34/120 -B, P.S. Dakha, District Ludhiana (Pb), pray for the trial to be expedited and conclude within a reasonable period to be fixed by this Court. Notice of motion was issued to the respondent through the Advocate -General, Punjab. Mr. Randhawa, learned D.A.G puts in appearance.

(2.) AFTER hearing the learned counsel for the petitioners and the State counsel Mr. Randhawa and going through the averments made in this petition, I find that the challan was presented against the petitioners in the month of August 1995. The committal proceedings took place and the case was committed to the Court of Sessions for trial. After the charge was framed, the case was listed for recording prosecution evidence on 30.4.1997 and since then the evidence of the prosecution witnesses is being recorded in part and now as per the statement made by Mr. Walia, the case is listed for 10.3.1998. The practice of adjourning the part - heard session trial and that too, on a murder charge which is a heinous offence and in view of the fact that the accused are lodged in jail, is to be deprecated. It is to be remembered that expeditious trial is the essence of criminal jurisprudence. The Courts cannot deny the bail to the accused and keep them in jail and still not to proceed with the trial expeditiously. As a matter of fact the evidence in the murder case when once beings, should be taken up on day -to -day basis till the evidence is concluded. At any rate, if the exigency so demands that adjournment is a necessity, the same should not be adjourned for a period exceeding two weeks, the diary of the Presiding Officer should be so fixed so as to adjust and accommodate part -heard case. In the facts and circumstances of the case, I find considerable merit in this petition and allow the same. A direction is issued to the learned trial Court i.e. the Court of Additional Sessions Judge (Mr. Charanjit Jawa), Ludhiana to prepone the hearing of this case to be fixed within the first fortnight of February 1998 and issue fresh summons to the witnesses whose evidence remains to be recorded. The case shall be taken up on day -to -day basis and the attendance of the witnesses shall be produced. The recording of the evidence in any case be concluded on or before 20.2.1998. Thereafter, the Court should proceed to record the statement of the accused under Section 313 Cr.P.C., if required and in case they wish to lead evidence in defence, a reasonable opportunity of a week or ten days be affored to them and their evidence in defence be recorded. Thereafter, arguments be heard within a week of the closing of the evidence of the parties and the judgment be delivered within the time -frame according to the rules of this Court forthwith. A copy of the order be also sent to the Additional Sessions Judge, Ludhiana to ensure the due compliance of this order. Orders accordingly.