Pargat Singh vs State of Punjab

K.K. Srivastava, J.

Issue notice to A.G. Punjab.

Mr. S.S. Randhawa, DAG Punjab accepts notice on the asking of the court.

Learned counsel for the petitioner as well as learned DAG Punjab agree that the petition be disposed of at the motion hearing stage today.

Mr. Pheruman states that the sole grievance of the petitioneraccused is that he is lodged in jail and is in custody in this case which is at the stage of recording of evidence, but the trial Judge is taking up the case in a lacklustre manner and has practically no effective control over the hearing of the case. A perusal of the zimni orders which have been given in the petition to a large extent support the above contention of the learned counsel for the petitioner. The petitioneraccused is facing trial under the N.D.P.S. Act and also under the Arms Act and Explosives Act and is in custody. Some of the zimni orders go to show that the case was adjourned due to the non availability of the accused who had not been summoned from jail. On slightest pretexts the hearings of the case were adjourned. It is well settled now that the speedy trial is inherent in the criminal cases. The courts exercising the criminal jurisdiction have to see that the criminal trial is not unnecessarily prolonged. The trial Judge is expected to keep an effective control over the hearing of the case particularly when the recording of the prosecution evidence has commenced. As a normal course once the case is fixed for evidence it should be taken up as far as practicable on daytoday basis till the evidence of the prosecution is recorded. The trial Judge, it is hoped, will keep in mind this settled principle that once the accused is in custody, he should not be denied the benefit of speedy trial. This petition is, thus, disposed of by directing the trial Court i.e. the Court of Additional Sessions Judge, Amritsar before whom this case FIR No. 152 of 1995 is pending disposal to take up the hearing of the case on daytoday basis and conclude the recording of the evidence preferably within two months. After the evidence of the prosecution is recorded, he shall proceed to record the statement of the accused under Section 313 Cr.P.C. and after hearing the arguments decide the case within a fortnight of the conclusion of the arguments. A copy of this order be communicated to the concerned Court through the District and Sessions Judge, Amritsar.