Allahabad High Court
Mohammad Salim And 2 Others vs State Of U.P. And Another on 21 November, 2019
Author: Rahul Chaturvedi
Bench: Rahul Chaturvedi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 67 Case :- CRIMINAL APPEAL DEFECTIVE No. - 1279 of 2019 Appellant :- Mohammad Salim And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Manoj Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J.
Sri Bhaskar Bhadra, Advocate filed vakalatnama on behalf of opposite party no.2 today which is taken on recore Heard Sri Manoj Kumar Mishra, learned counsel for the applicant, Sri Bhaskar Bhadra learned counsel for the complainant as well as learned A.G.A. and perused the record.
By means of the instant appeal, the appellant is challenging the order dated 01.08.2019 passed by Special Judge SC/ST Act in S.T. No. 40 of 2019 arising out of case crime no. 363 of 2019, under Sections 504, 352 and 506 IPC and Section 3(1)(Gha) SC/ST Act, P.S. Kotwali Nagar, District Etah.
After arguing the case for quite some time at length and pitted against certain observations made by the Court, learned counsel for the applicant/appellant himself has given up to address the Court on merits of the case and prayed, that the purpose of his client would suffice, if a direction may be given to the courts below to decide his bail application within specific time frame as the NBW is under operation against the applicant/appellant pending since 01.08.2019.
Considering the entire facts and circumstances of the case and the arguments advanced, this Court is of the opinion that since learned counsel for the applicant/appellant has already given up that he does not want to press the case on merit, in the fitness of circumstances, this 482 Cr.P.C. application stands disposed of with the direction that if the applicant/appellant surrenders within 45 days from today and applies for bail, his bail application shall be adjudicated and decided by the courts below with speaking and reasoned order, strictly in accordance with law, in the light of the judgment given by Hon'ble Apex Court in the case of Hussain and another Vs. Union of India reported in (2017) 5 SCC Page-702, relevant extract of which reads as under :-
"?.......Judicial service as well as legal service are not like any other services. They are missions for serving the society. The mission is not achieved if the litigant who is waiting in the queue does not get his turn for a long time"....... "Decision of cases of under-trials in custody is one of the priority areas. There are obstructions at every level in enforcement of right of speedy trial; vested interests or unscrupulous elements try to delay the proceedings"....... "In spite of all odds, determined efforts are required at every level for success of the mission"..... "The Presiding Officer of a court cannot rest in a state of helplessness. This is the constitutional responsibility of the State to provide necessary infrastructure and of the High Courts to monitor the functioning of subordinate courts to ensure timely disposal of cases."
To satiate speedy disposal of the cases, the courts below are issued following directions in accordance with the observations made in the case of Hussain and another (Supra):
(i)Bail applications be disposed of normally within one week :
(ii) Magisterial trials, where accused are in custody, be normally concluded within six months and sessions trials where accused are in custody be normally concluded within two years.
(iii).......................................................................................................;
(iv)......................................................................................................."
The above timelines may be the touchstone for assessment of judicial performance in annual confidential reports.
For the period of 45 days from today no coercive action shall be taken against the applicant in the above mentioned case.
It is made clear that no time extension application would be entertained for extending the period of 45 days.
The ratio mentioned above is the last word for every judicial officers for abiding with the directions of the Hon'ble Apex Court. In the aforesaid scenario, it would be pertinent to refer the case of Brahm Singh and others Vs. State of U.P. and others decided on 08.07.2016 in Criminal Misc. Writ Petition No.15609 of 2016 whereby co-ordinate Bench of this Court, while taking into account the concerns of most of the counsels with regard to the long pending bail applications at lower courts' stage has expressed their anguish and concern.
In the aforesaid backdrop, learned Sessions Judge/the concerned Trial Judge is directed to ensure that the guidelines given in the case of Hussain and another (supra) as well as in Brahm Singh and others(Supra) has to be carried out in its letter and spirit, failing which an adverse inference would be drawn against the erring officers and this Court would be compelled to take appropriate action against them, if found that there is laxity in adhering the above directions.
In the event, the bail application is not decided within seven days as contemplated above, the learned Judge will have to spell out the justifiable reasons and record the same on the order sheet of such cases.
Order Date :- 21.11.2019 Abhishek Sri. Court No. - 67 Crl. Misc. Delay Condonation Application 1 of 2019 In Case :- CRIMINAL APPEAL DEFECTIVE No. - 1279 of 2019 Appellant :- Mohammad Salim And 2 Others Respondent :- State of U.P. and Another Counsel for Appellant :- Manoj Kumar Mishra Counsel for Respondent :- G.A. Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the parties.
Office has reported that there is a delay of 17 days in filing the present appeal Cause shown in support of condonation of delay in moving the present appeal is sufficient.
The delay condonation application is allowed.
The delay in moving the the present appeal is condoned.
Office is directed to allot regular number to the present appeal.
Order Date :- 21.11.2019 Abhishek Sri.