9911796707
TMI Blog1999 (9) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... rely in agreement with the view expressed by Justice Thomas and I am unable to persuade myself to agree with Justice Shah. 2. The present petition is filed only for directions/modifications/clarification of the directions of this Court dated 8/10/98 in Criminal Appeal No.1045 of 1998 (vide para 1 of the petition). This is not a petition for review of the judgment in the main appeal. It is also needless to say that this bench is not sitting in appeal over the judgment in the main appeal. The petitioner herein was not a party as such in the appeal. The Superintendent of Police, CBI, Patna was impleaded as second respondent in the petition for Special Leave to Appeal (Criminal Appeal No.1177 of 1996) by Court order dated 9/9/96 and on gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... certain guidelines. The Court said : In view of the above discussion, the following propositions emerge, meant to serve as guidelines. We must forewarn that the propositions are not exhaustive. It is difficult to foresee all situations. Nor is it possible to lay down any hard and fast rules. While stating that it is neither advisable nor practicable to fix any time limit for trial of offences, the Court took care to say in proposition No. 9 as follows : Ordinarily speaking, where the court comes to the conclusion that right to speedy trial of an accused has been infringed the charges or the conviction, as the case may be, shall be quashed. But this is not the only course open. The nature of the offence and other circumstances in a given ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain. The judgment in the appeal cannot be understood as punishing the prosecution and preventing the same from adducing evidence even when it is not responsible for the delay. 5. It is necessary to place on record certain facts brought to the notice of the court when the main appeal was heard. In the State of Bihar alone, several cases were pending for more than 25 years. A report submitted by the Special Judge, CBI Court in December 1996 pointed out that in one case which was pending from 1982, the prosecution had cited as many as 40 witnesses, but had examined only 3 witnesses up to 1996; the last of them was examined on 3/9/93. The report also pointed out that thereafter, the prosecution had taken 36 adjournments to examine the rem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d and even in such cases, there will be a failure of the system. The problem is one of basic human rights of persons languishing in prison for years together which in several cases exceed the maximum period of punishment prescribed for the offences alleged to have been committed by them even before the trial is concluded. Even if the accused are not in prison, they would be suffering from immense mental agony as if a dagger is hanging over their heads. Can they be compensated if they are found to be innocent at the end of the trial?. 6. As pointed out in Antulays case, the court has to balance and weigh the several relevant factors and determine in each case whether the right to speedy trial has been denied in the given case. It is only ..... X X X X Extracts X X X X X X X X Extracts X X X X
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