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RAJEEV RANJAN PRASAD
Saif Ahmad S/o Late Mumtaz Ahmad – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. Heard Mr. Y.C. Verma, learned Senior Counsel assisted by Mr. Vikash Kumar Jha, learned counsel for the petitioner and Mr. Bibhakar Tiwary, learned counsel for the O.P. No. 9 as also Md. Fahimuddin, learned APP for the State.
2. The petitioner in this case is seeking transfer of the Sessions Trial No. 137 of 2001 arising out of Ara Town P.S. Case No. 277 of 1994 instituted for the offences alleged under Sections 147, 148, 149, 307, 302 of the Indian Penal Code and Section 27 of the Arms Act.
3. Learned Senior Counsel for the petitioner submits that earlier, the trial was going on in the court of learned Additional Sessions Judge-VII. It is submitted that the accused persons filed an application before the learned Sessions Judge, Bhojpur in administrative side for sending the records to some other court for fair trial.
4. It is further submitted that during trial the prosecution filed an application to summon some left over accused. The court, finding sufficient materials summoned them. Thereafter, the prosecution had filed an application for recalling the entire evidence so that the case concerning the newly summoned persons be brought on the record
A mere apprehension of bias is not sufficient to warrant the transfer of a trial; substantial evidence of potential influence on the judicial process is required.
Transfer of a criminal trial cannot be a routinely passed order and substantial grounds, based on sufficient material, need to exist for passing such an order. The court emphasized the need for exped....
The apprehension for transfer of a trial must be reasonable and not imaginary, and the power of transfer is to be sparingly exercised. Fair justice and the independence of the judiciary are essential....
Court emphasizes the importance of impartiality in trials to ensure fair justice.
Transfer of criminal cases requires reasonable apprehension of bias, not mere conjecture; overheard remarks do not substantiate claims of unfairness.
Point of Law : “A basic postulate of the rule of law is that “justice should not only be done, but it must also be seen to be done.”
Prayer for transfer can be allowed only when there is a well-substantiated apprehension that justice will not be dispensed impartially, objectively, and without any bias.
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