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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE GANESH RAM MEENA, J
AMAN CHAUDHARY S/O SHRI SURENDRA CHAUDHARY – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The present criminal writ petition has been filed by the petitioner on 28.08.2023 with a prayer to issue direction to the learned Court below to dispose of the Criminal Case No.166/2020 titled as State Vs. Aman Chaudhary & others, within a period of six months.
2. No one has put in appearance on behalf of the petitioner.
3. Hon'ble the Apex Court in case of Sangram Sadashiv Suryavanshi Vs. State of Maharashtra in Criminal appeal No.4758/2024 arising out of S.L.P. (Criminal) No.13366/2024 decided on 25.11.2024, has observed as under:-
"Before we part with this order, every day we notice that in several orders passed by different High Courts while rejecting the bail applications, in a routine manner, the High Courts are fixing a time-bound schedule for the conclusion of the trials. Such directions adversely affect the functioning of the Trial Courts as in many Trial Courts, there may be older cases of the same category pending. Every court has criminal cases pending which require expeditious disposal for several reasons, such as the requirement of the penal statutes, long incarceration, age of the accused, etc. Only because someone files a case in our Constitutional Courts, h
Constitutional courts should refrain from imposing time-bound schedules on trial courts for case disposal, except in exceptional circumstances.
Bail is the rule and incarceration is the exception; High Courts should refrain from imposing time-bound schedules for trial conclusions unless in exceptional circumstances.
Constitutional courts generally refrain from imposing time-bound schedules for lower court proceedings unless exceptional circumstances are present.
Point of law : Common deficiencies which occurred in proceedings of criminal cases and approved “The Draft Rules of Criminal Practice 2021” which is part of judgment in Chapter V Rule 17 of aforesaid....
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