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SUPREME COURT OF INDIA
AJAY RASTOGI, C.T. RAVIKUMAR, JJ.
Mukesh Singh – Petitioner
Versus
The State of Uttar Pradesh and Another – Respondents
Special Leave Petition (Criminal) Diary No. 8905 of 2022
Decided On : 30-09-2022
Bail Quashing - Criminal Procedure Code - Sections 302, 324, 504 and 506 IPC - Section 309 Cr.P.C.
Fact of the Case:
The special leave petitions were filed to quash the bail granted to the respondent facing trial for various offences.
Finding of the Court:
The court granted permission to file special leave petitions and emphasized the need for expeditious trial proceedings in recording the examination-in-chief and cross-examination of prosecution witnesses.
Issues: Delay in trial proceedings and adherence to Section 309 Cr.P.C.
Ratio Decidendi: The court's decision was influenced by the delay in recording the examination-in-chief and cross-examination of prosecution witnesses, emphasizing the mandate of Section 309 Cr.P.C. for expeditious trial proceedings.
Final Decision: Permission to file special leave petitions was granted, and the court emphasized the need for expeditious trial proceedings in recording the examination-in-chief and cross-examination of prosecution witnesses.
ORDER :
1. Permission to file special leave petitions is granted.
2. The present special leave petitions have been filed for quashing of the bail granted to respondent no. 2 in both the petitions who are facing trial for offences under Sections 302, 324, 504 and 506 IPC. Learned counsel for the petitioner informs this Court that there are three eye-witnesses as per the calendar of witnesses and charge sheet has been filed and statement of PW-1 by this time has been recorded which took almost three months to conclude. So far as statement of PW-2 is concerned, part of the examination-in-chief was recorded on 21.09.2022 and despite request been made the mandate of Section 309 Cr.P.C. is not being followed which has been considered by this Court in Vinod Kumar vs. State of Punjab, (2015) 3 SCC 220. The mandate of law itself postulate that examination-in-chief followed with cross-examination is to be recorded either on the same day or on the day following. In other words, there should not be any ground for adjournment in recording the examination-in-chief/cross-examination of the prosecution witness, as the case may be.
3. We do not want to dilate at this stage since the trial is pending but we would like to observe that the learned trial judge may take a note of the judgment of this Court in reference to Section 309 Cr.P.C. and not only expedite the trial but the examination-in-chief/cross-examination is to be recorded either on the same day or on the day following but no long adjournment should be granted while recording the statement of prosecution witnesses.
4. List after six weeks.
Adherence to Section 309 Cr.P.C. for expeditious trial proceedings.
Accused have a right to represent themselves through a pleader but cannot cross-examine witnesses using non-advocates without court permission, ensuring procedural integrity.
(1) Adjournment – Impediment in speedy trial – Legislature itself has frowned at granting adjournment on flimsy grounds – Even in cases where accused had been enlarged on bail right to a speedy trial....
The court reinforced that adjournments in criminal trials should be granted sparingly and only for valid reasons, emphasizing the importance of timely cross-examination.
The main legal point established is the strict adherence to Section 309 of Cr.P.C., requiring expeditious trials and continuous examination of witnesses, with adjournments only granted for special re....
The right to cross-examine witnesses must be exercised promptly, and adjournments should only be granted for compelling reasons to ensure a fair trial.
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