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TMI Blog2020 (10) TMI 53X X X X Extracts X X X X X X X X Extracts X X X X ..... nd need not be heard afresh by a new Bench, thus, causing unnecessary loss to the public exchequer and wastage of judicial time. It is reiterated that this Court is conscious of its duty and welcomes the suggestions given by the learned counsels but at the same time, is of the opinion that it is in the interest of administration of justice that so far as possible, this Court should make all endeavours to conclude the part-heard matters before it demits the office. The judicial discipline demands that the Judge should do his duty and must not succumb to pessimism and it is not expected from him to sit leisurely with his pen down and to say that he will not hear the cases because the record is voluminous and the time at his disposal is limited. It will be a folly not to make an attempt and to sit idle abdicating one s duty. It is advisable to perform one s duty irrespective of the fact whatever conclusion the petitions reach. This Court, therefore, will not fail in its duty and expects all the learned counsels to cooperate and assist this Court in deciding the matters expeditiously. The applications moved for early hearing of the leave petitions are allowed. - Crl.M.A. 11718/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Crl.L.P. 184/2018 and acquittal of respondents in Crl.L.P. 185/2018 has resulted in acquittal of respondents in Crl.L.P.184/2018 and release of attached properties as well, which involved trial of the 'Scheduled Offence'. It is stated that arguments in Crl.L.P.184/2018 would invariably flow from the arguments in the CBI matter. 3. At the time of hearing, Mr. Sanjay Jain, learned ASG appearing for petitioners submitted that while passing the impugned judgment dated 21st December, 2017, the learned Special Court has failed to appreciate clinching evidence available on record and has not appreciated it in the correct perspective. It was submitted that the impugned acquittal order has adversely affected the interest of the Government of India and public exchequer in other related proceedings. Learned ASG pointed out that in Crl.L.P.185/2018, arguments on grant of leave to appeal have already been concluded by the petitioner-CBI and the matter is now part heard before this Bench. Learned ASG submitted that on 5th March, 2020, this Court had fixed the date of hearing for 24th, 25th and 26th March, 2020 but due to Covid 19, physical hearing in Courts stood suspended and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in these circumstances, the applications deserve dismissal. 7. Mr. Vedanta Varma, Advocate for respondent No. 2 in Crl.L.P.185/2018; Mr. Varun Sharma, Advocate for respondent No.11 in Crl.L.P.184/2018 and respondent No.6 in Crl.L.P.185/2018; Mr. D. P. Singh, Advocate for respondent No.8 in Crl.L.P.185/2018; Mr. Siddharth Aggarwal, Advocate for respondents No.9 11 in Crl.P.185/2018; Ms. Manali Singhal, Advocate for respondent No.12 in Crl.L.P.185/2018; Mr. Sahil Modi, Advocate for respondents No.6 13 in Crl.L.P. 184/2018 and respondent No.15 in Crl.L.P.185/2018; Ms. Tarannum Cheema, Advocate for respondent No.9 in Crl.L.P.184/2018 and respondent No.7 in Crl.L.P.185/2018; Mr. Balaji Subramanian, Advocate for respondent No.7 in Crl.L.P.184/2018 and respondent No.16 in Crl.L.P.185/2018; Dr. Joseph Aristotle S., Advocate for respondent No.17 in Crl.L.P.185/2018 submitted that filing of the application for early hearing by petitioner is only a counter blast to the applications filed by respondents No. 15 17 in Crl.L.P. 184/2018 seeking release of their attached properties, otherwise, petitioners were sleeping over these petitions since March, 2020, though courts were functioning ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f these petitions in restricted environment would cause great prejudice to the respondent. 10. In addition, Mr. Siddharth Aggarwal, learned counsel also submitted that as per the Roster, this Bench is sitting in Division Bench and hearing of these leave petitions may not be feasible. However, learned counsel submitted that in case this Court deems it fit to hear these petitions, he is ready to assist the Court. 11. Mr. Vijay Aggarwal, learned counsel appearing on behalf of respondents No. 2, 3, 4, 5, 12, 15, 18 19 in Crl.L.P.184/2018 and for respondents No. 3, 4, 5, 13 14 in Crl.L.P.185/2018 at the outset sought dismissal of the applications on the ground that petitioner/CBI while moving applications seeking early hearing, has suppressed the fact that similar application was filed in Crl.L.P.185/2018 and the same was dismissed by a Coordinate Bench of this Court. Learned counsel submitted that petitioners- CBI/ED have not explained as to why they be given preference over appeals in which accused persons are in jails. Mr. Vijay Aggarwal, learned counsel next submitted that a large number of criminal appeals are pending for years which should be heard and decided first and t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has extensively argued the matter from 24th October, 2019 till 15th January, 2020 i.e. for about three months and even if it is assumed that the Court is taking up these matters on day to day basis, then also all the respondents will not get ample time to argue their case, especially when voluminous record is involved. 16. Mr. Vijay Aggarwal, learned counsel also submitted that the plea of ASG that Crl.L.P.185/2018 has bearing on Crl.L.P.184/2018 and Crl.L.P.257/2018 is misplaced, as petitioner/ED had pleaded before the learned trial court that these cases be tried separately and vide order dated 31st October, 2014 different charges were framed by the learned trial court. Learned counsel submitted that this Court vide order dated 17th December, 2019 has clarified that Crl.L.P.184/2018 is not part heard and arguments in Crl.L.P.185/2018 have only been heard in part and no ground of urgency has been shown by the petitioner to hear this leave petition out of turn, and therefore, this application be dismissed. 17. Learned counsel next submitted that petitioners-CBI and ED were sleeping for last seven months and it is only after one of the respondent, namely M/s Conwood Constru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of facts. It was stated that accused in these petitions are different and in the instant petition (Crl.L.P.257/2018), charge under Section 420/120 B IPC was framed. The evidence was led separately and resultantly, separate judgments were passed by the learned trial court. Learned senior counsel averred that vide order dated 15th January, 2020 this Court has clarified that arguments only in Crl.L.P. 185/2018 have been heard in part and not in the instant leave petition. Learned counsel pointed out that arguments in this case on the point of grant of leave to appeal have not even commenced and during Covid 19 pandemic, it is not possible for the parties to physically appear before the Court with a team of associates to refer to the voluminous records, where extensive evidence is required to be adverted to. Learned senior counsel further stated that if this Court allows these applications and proceeds to hear the leave petition through video conferencing, then also arguments in Crl.L.P.257/2018 should be heard only after arguments in Crl.L.P.185/2018 are concluded. Learned senior counsel, however, very fairly stated that he is ready to assist this Court in the hearing when his tur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th the leave of the High Court . It is, therefore, necessary for the State where it is aggrieved by an order of acquittal recorded by a Court of Session to file an application for leave to appeal as required by sub-section (3) of Section 378 of the Code. It is also true that an appeal can be registered and heard on merits by the High Court only after the High Court grants leave by allowing the application filed under sub-section (3) of Section 378 of the Code. 20. In our opinion, however, in deciding the question whether requisite leave should or should not be granted, the High Court must apply its mind, consider whether a prima facie case has been made out or arguable points have been raised and not whether the order of acquittal would or would not be set aside. 21. It cannot be laid down as an abstract proposition of law of universal application that each and every petition seeking leave to prefer an appeal against an order of acquittal recorded by a trial court must be allowed by the appellate court and every appeal must be admitted and decided on merits. But it also cannot be overlooked that at that stage, the court would not enter into minute details of the prosecuti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anjay Jain, learned ASG submitted that various circulars issued with regard to functioning of this Court during Covid 19 are mere guidelines which are directory in nature and not mandatory and the Bench in its wisdom has to recognize the urgency of a case in the peculiar facts and circumstances of that case. So far as plea of all the learned counsels for respondents that they will not be able to represent their case to the best of their ability is concerned, learned ASG submitted that lengthy replies to these applications have been filed by a few respondents and they are being assisted by their colleagues while referring to various documents and, therefore, they can argue the petitions seeking leave to appeal. 31. With regard to query raised by learned counsels for respondents qua pendency of other matters in 2G cases , Mr. Sanjay Jain, learned ASG submitted that pendency of those petitions has no reflection on the petitions in hand and therefore, this should not be a ground for dismissal of applications for early hearing. 32. This Court has considered the rival submissions and given its thoughts to the matter. The learned counsels for the respondents have vehemently opposed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eciable that learned counsels are not only concerned with their own cases but are also concerned about disposal of other pending cases in which accused are in jail. This court is conscious of its duty to hear those cases as well. The criminal appeals of those convicts who are languishing in jail, are being heard and decided by this Court while sitting in Division Bench at present. 39. It is good on the part of the learned counsels for the respondents to apprise this Court that how it should proceed with the cases pending in the court but let the learned counsels be also reminded of the fact that they being the officers of this Court, should assist in part-heard cases so that these are not left undecided and need not be heard afresh by a new Bench, thus, causing unnecessary loss to the public exchequer and wastage of judicial time. It is reiterated that this Court is conscious of its duty and welcomes the suggestions given by the learned counsels but at the same time, is of the opinion that it is in the interest of administration of justice that so far as possible, this Court should make all endeavours to conclude the part-heard matters before it demits the office. 40. The lea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ference. 43. It was further argued by learned counsels for the respondents that this court should not proceed with the matter as it is not urgent in nature. However, in the opinion of this court, when it has heard in detail the Crl.L.P.185/2018, though in part, it should not leave the said case and other cases inconclusive for the other Bench to hear the same afresh resulting into wastage of precious judicial time and putting unnecessary burden on public exchequer and that, in essence, is the urgency in this matter. The court should not shirk from its duty and at the same time, all the learned counsels are also expected to assist and cooperate with this Court in expeditious disposal of these petitions. No doubt, the documents are voluminous in nature and had the petitioners moved these applications two or three months earlier, it would have been easier to decide the petitions. However, even if it has not been done due to pandemic and restricted functioning of the Courts, as submitted by learned ASG, this court should not make it a ground for refusing early hearing and in fact, should make all endeavours to hear the petitions undaunted by the fact that the record is voluminous an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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