Allahabad High Court
Nasir Alam vs State Of U.P. And Another on 2 January, 2023
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50184 of 2022 Applicant :- Nasir Alam Opposite Party :- State of U.P. and Another Counsel for Applicant :- Azizur Rahman Khan,Saddam Husain Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 468 of 2022 at Police Station Naubasta, District Kanpur Nagar under Sections 8/18 N.D.P.S. Act. The applicant is in jail since 10.06.2022.
The bail application of the applicant was rejected by learned Special Judge (N.D.P.S. Act)/Additional Sessions Judge, Kanpur Nagar.
The quantity of the opium recovered from the applicant is higher than commercial quantity. The offence is grave in nature. There is likelihood that the applicant committed the offence. At this stage, no case for bail is made out.
Without going into the merits of the case, the bail application is dismissed.
Shri Saddam Husain, learned counsel for the applicant contends that the applicant is in jail since 10.06.2022. The trial is moving at a snail's pace. Inordinate delay in concluding trial had lead to virtually an indefinite imprisonment of the applicant and violates the rights of the applicant to speedy trial.
The trial court has also to be conscious of the rights of the accused persons and is under obligation of law to ensure that all expeditious, necessary and coercive measures as per law are adopted to ensure the presence of witnesses. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to ensure that the above stipulated timeline of one year is strictly adhered to. All witnesses and counsels are directed to cooperate with the trial proceedings.
The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding. Counsels or parties who delay or impede the proceedings should not only be discouraged from doing so but in appropriate cases exemplary costs should also be imposed on such parties/ counsel.
Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are promptly executed to ensure the presence of the witnesses on the appointed date before the trial court.
The trial judge shall submit a fortnightly report on the progress of trial and the steps taken to comply with this order to the learned District Judge.
A copy of this order be communicated to the learned trial Judge through the learned District Judge, Kanpur Nagar by Registrar (Compliance) by FAX.
Order Date :- 2.1.2023 A.N. Mishra