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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Ravi Malimath, Pranay Verma, JJ.
Ext.Of Time Sought By Asj District Dewas In Hon.Co.Dt.28/09/2021 Passed In Mcrc 43884/2021 (Madhya Pradesh) – Appellant
Versus
State of Madhya Pradesh – Respondent
Review Petition No. 115 of 2022
Decided On : 19-01-2022
Extension of Time - Trial Conclusion - The court declined to put pressure on the trial judge to conclude the trial early, stating that the dismissal of a bail application does not necessitate an early trial conclusion. The court directed the trial judge to dispose of the trial as expeditiously as possible without fixing any time frame.
Fact of the Case:
The Additional Sessions Judge requested an extension of time to conclude the trial.
Finding of the Court:
The court declined to put pressure on the trial judge for an early trial conclusion, stating that the dismissal of a bail application does not warrant an early trial conclusion.
Issues: Extension of time for trial conclusion
Ratio Decidendi: Dismissal of a bail application does not necessitate an early trial conclusion
Final Decision: The trial judge was directed to dispose of the trial as expeditiously as possible without fixing any time frame.
ORDER
1. This is the request made by the Additional Sessions Judge, Kannod, District Dewas (M.P.) seeking extension of time granted by this Court in the order dated 28.9.2021 to conclude the trial.
2. Having considered the same, we are of the view that there is no need to put pressure on the trial Judge for concluding the trial. Only because the bail application has been dismissed does not mean that the trial has to be concluded at an earlier date. We do not find any special circumstances that warrant an early disposal off the trial.
3. Having considered the request of the trial Court Judge for extension of time, we direct him to dispose off the trial as expeditiously as possible without fixing any time frame.
Dismissal of a bail application does not necessitate an early trial conclusion
The importance of expeditious disposal of criminal trials and criticism of approaching higher courts instead of cooperating with Trial Courts.
Bail petition – Delhi liquor scam – Bail petition can be considered after filing of charge-sheet by ED.
The court emphasized the necessity of timely witness examination and adherence to fair trial principles, denying bail due to the trial's progress.
Timely and justified requests for extension of interim orders are necessary for their continuation.
Article 21 demands a fair and reasonable procedure before curbing liberty of a person.
The right to a speedy trial under Article 21 mandates that trials should not be unduly delayed, balancing procedural fairness with judicial efficiency.
The right to default bail arises after 180 days of custody without filing a chargesheet, unless timely application for extension of investigation is made and granted.
Court emphasizes the importance of timely trial proceedings in bail applications, permitting reapplication if delays occur.
The court emphasized the necessity of timely trial proceedings to prevent evidence tampering and directed Jail Authorities to ensure the presence of accused during trials.
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