1993 (4) TMI 334 - HC - Indian Laws

Summary

Issues:
1. Speedy trial in a criminal case.
2. Delay in completion of trial.
3. Responsibility of prosecuting agency and police officers.
4. Fundamental right of an accused to a speedy trial.
5. Bail application due to delay in trial.

Analysis:

Issue 1: Speedy trial in a criminal case
The judgment addresses the importance of an early decision in a criminal case, emphasizing the necessity of prosecution witnesses appearing in court on time. It highlights the failure of the prosecuting agency and police officers to take responsibility and show interest in court proceedings, leading to delays in the trial process. The case exemplifies the challenges faced by the Presiding Officer due to the indifference of both wings, namely the Prosecuting Agency and the concerned police officers.

Issue 2: Delay in completion of trial
The case involves the petitioner and 16 others facing trial under Section 302, I.P.C. for an incident that occurred in May 1990, resulting in the death of three individuals. Despite some accused being released on bail, the petitioner has been in custody for over 35 months, with the trial remaining incomplete. The delay is attributed to the lack of cooperation and efforts from the prosecuting agency and police officers in serving witnesses and ensuring their timely appearance in court.

Issue 3: Responsibility of prosecuting agency and police officers
The judgment criticizes the callous behavior and indifference displayed by the prosecuting agency and police officers, particularly the Superintendent of Police and Deputy Inspector General of Police. The court expresses concern over the lack of accountability and responsibility in ensuring the timely presence of prosecution witnesses, essential for the smooth progress of criminal trials. The failure of these agencies to fulfill their duties is highlighted as a significant obstacle to achieving early decisions in criminal cases.

Issue 4: Fundamental right of an accused to a speedy trial
The legal counsel for the petitioner argues that a speedy trial in a criminal case is a fundamental right of the accused, emphasizing that prolonged detention without completion of the trial is unjust. The court references previous judgments, including those by the Apex Court of the country, affirming the fundamental right to a speedy trial. It stresses that the delay in the present case is not the fault of the accused, warranting the consideration of releasing the petitioner on bail if the trial is not completed within a reasonable time frame.

Issue 5: Bail application due to delay in trial
Considering the prolonged detention of the petitioner without the trial's completion, the court orders the release of the accused on bail. The petitioner is required to furnish a personal bond and sureties to ensure appearance in court during the trial proceedings. The court directs the Advisor to the Governor dealing with Law & Justice Department and the Director General of Police to take follow-up action based on the judgment.

In conclusion, the judgment underscores the significance of a speedy trial in criminal cases, the responsibility of prosecuting agencies and police officers, and the fundamental right of an accused to a timely resolution of their case. It highlights the adverse consequences of delays in the trial process and emphasizes the need for accountability and efficiency within the criminal justice system.