BHAGAT SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) The only contention of Mr. S.R. Bajwa, learned Senior Advocate is that valuable right of speedy trial of the accused enshrined in Art. 21 of the Constitution of India is being extremely frustrated. The petitioner is facing incarceration since 12.7.1997. More than 20 months have rolled by but the trial has not made any head way inspite of the directions of this Court for completion of the trial within a period of four months. Placing reliance on Angrej Singh Vs. State of Rajasthan, 1993 Cr.L.R. (Raj.) 748 it was canvassed that even in offences under the NDPS Act if there has been an inordinate delay in completion of the trial, the right of speedy trial is available to the accused.

(2.) In order to appreciate the submissions advanced before me I closely scrutinised the proceedings of the trial Court. A look at the order-sheet dated 5.11.1998 demonstrates that prosecution witnesses Jamna Lal and Vijay Singh were present in the Court but instead of examining them, the counsel of accused-petitioner moved an application for seeking copies of supplementary charge-sheet to be filed under section 173(8) Crimial P.C. Undeniably the petitioner has a right to move the application but such right could not have been used for deferring the recording of statements of the witnesses present in the Court. The right of speedy trial enshrined in Art. 21 of the Constitution of India is only available to accused when he is in custody for no fault on his own for not concluding the trial early. The Division Bench of this Court in Angrej Singh' s case (supra) indicated that it will depend on the facts and circumstances of each case as to what is the delay and whether on the ground of that delay the accused should or should not be released on bail, the matter of bail is discretionary and should be exercised judiciously.

(3.) In view of the fact that the accused did not assist the trial Court in recording the statements of witnesses present in Court, I am not inclined to release him on bail. The bail application stands dismissed. Record of the case be sent back forthwith. Learned trial Court is directed to conclude the trial as expeditiously as possible. Bail rejected.