Sukhdev Singh vs State of Punjab

K.K. Srivastava, J.

Notice to A.G. Punjab.

Mr. S.S. Randhawa, learned Deputy Advocate General, Punjab accepts notice, on the asking of the Court. With the consent of Sh. D.S. Walia, counsel appearing for the petitioner and Sh. S.S. Randhawa, DAG Punjab, I propose to dispose of this case at the motion hearing stage. Sukhdev Singh petitioner has approached this Court seeking bail pending trial under Section 439 of the Code of Criminal Procedure and the main ground on which the bail is sought is that while other coaccused were granted the concession of bail, he did not approach and applied for bail as there was evidence of extra judicial confession and since the two witnesses of extra judicial confession have been examined at the trial and they have resied from their statements which has been quoted in the petition hence on that basis it has been urged that the petitioner be now granted bail. It is relevant to note that the trial of the case has already commenced and it is a partheard case. Sh. Walia, however, states that the petitioner would not have approached this Court had the trial Judge not adjourned the hearing of the case to such a long date as 24.2.1998 which was fixed on 23.10.1997. Prima facie the adjournment of a partheard Sessions trial and that too of a murder case for a period of more than three months is wholly unjustified and uncalled for. The Registry is directed to call for a report from the concerned trial Judge as to under what circumstances hearing of the part heard Sessions trial of a murder charge was adjourned for such a long date. The explanation shall be received through the District and Sessions Judge. The learned District and Sessions Judge shall forward the same along with its own report and comments.

This shall reach this Court within a period of two weeks from the date of communication of this order. However, I am of the considered view that this petition be disposed of by issuing a direction to the concerned trial Court to prepone the hearing of the sessions trial to some date in the third week of December, 1997 preferably on Monday 15.12.1997 and the hearing of the case be taken up on day to day basis till the sessions trial is concluded. The case should not unnecessarily be adjourned and the prosecution be directed to ensure attendance of those prosecution witnesses which it intends to examine. The trial Judge after completion of the recording of the prosecution evidence shall proceed to record the statement of the accused within two days of the completion of the evidence and then proceed to hear arguments on a date which should not be a duration of more than a week or 10 days and thereafter decide the case within the time allowed by the rules. The trial Judge shall send progress report regarding the trial of the case at the end of this month i.e. December, 1997 for perusal and further directions, if any, of this Court. After the trial of the case is concluded and decided by a judgment the intimation thereof shall be sent to the Registry of the Court. In view of the directions issued by this Court regarding the expeditious disposal of the sessions trial, Sh. Walia does not press the prayer seeking bail at this stage. The petition is disposed of accordingly.

Copy of the order attested by the Reader of this Court be furnished to Sh. D.S. Walia, Advocate and Sh. S.S. Randhawa, DAG, Punjab.

A copy of this order shall be communicated to the concerned trial Judge through the District and Sessions Judge Ludhiana, for strict compliance of this order.