The Supreme Court recently comprising of a bench of Justice MR Shah and Justice Krishna Murari while disposing of a petition filed by G. Janardhan Reddy seeking modification in the conditions of bail order to enter, stay and function in the district Bellar observed that "Early conclusion of criminal trials would enhance the faith of people in justice delivery system. (Gali Janardhan Reddy vs State of Andhra Pradesh)
The Court held, "It is very unfortunate that even after a period of 11 years of filing the FIR and despite the observations made by this Court directing the trial to be expedited, the trial has not begun. From the material on record, it appears that the trial has not begun on the ground that the accused / co-accused are filing applications for discharge one after another, due to which the trial has not begun. In a case like this, it is always in the larger interest that the trial is concluded at the earliest. Early conclusion of the trial would enhance the faith of people in the justice delivery system."
The Court took serious note of the fact that the trial is pending for the last 11 years and directed the bring the trial to a logical end at the earliest and any attempt on the part of the accused to delay the trial of a serious offence is to be dealt with iron hands. More the delay, the more the possibility of influencing the witnesses.
Facts of the case
The applicant is the accused in a case for the offences under Sections 120(B), 420, 379, 409, 468, 411, 427 and 447 of the Indian Penal Code, 1860, section 2 of the Indian Forest Act, 1927, Rule 21 read with Rules 4(1), 4(1)(A) and 23 of the Mines and Minerals (Development and Regulation) Act, 1957. The applicant – accused was arrested by the CBI in 2011. Prior to coming to this Court, the applicant approached the trial Court as well as the High Court for the grant of regular bail on a number of occasions.
The said request was rejected on the ground that grant of bail to the accused may impede fair and uninfluenced investigation. However, when the accused lastly approached the High Court in the year 2013 by way of filing Criminal Petition, considering the gravity of the allegations leveled against the applicant – accused, his influential status and the CBI indicated a reasonable apprehension that the accused was likely to influence the investigation if enlarged on bail, the High Court rejected the bail application.
The applicant approached this Court by way of Special Leave Petition whereby he was asked to not visit the Districts of Bellary in Karnataka and District of Ananthapuram and Cuddapah in Andhra Pradesh. This application was filed challenging this condition in particular.
Courts Observation and Judgment
The bench disposing the application remarked, "Early conclusion of the trial would enhance the faith of people in justice delivery system. The trial must come to its logical end at the earliest. Any attempt on the part of the accused to delay the trial of serious offences is to be dealt with iron hands. More the delay, more the possibilities of influencing the witnesses. Therefore, we are of the opinion that as despite the observations made by this Court directing to expedite the trial, as the trial has not begun, now, a direction is to be issued to the trial Court to begin the trial on day to day basis and once the trial begins the applicant – accused may be restrained from entering into the Districts of Bellary in Karnataka and District of Ananthapuram and Cuddapah in Andhra Pradesh looking to the strong apprehension on the part of the CBI recorded hereinabove."
The court issued the following directives:
"(1) Learned trial Court / Special Court is hereby directed to conduct the trial on day to day basis 12 from 09.11.2022. We direct the learned Special Court to conclude the trial within a period of six months from 09.11.2022 without fail;
(2) That the prosecution may examine first, the witnesses from Bellary in Karnataka and District of Ananthapuram and Cuddapah in Andhra Pradesh as far as possible. It will be the duty of the investigating agency to keep all the witnesses present for the purpose of their depositions / examination in chief;
(3) All the accused are hereby directed to cooperate the learned Special Court in conclusion of the trial at the earliest and within the period stipulated hereinabove and any attempt on the part of the accused to delay the trial shall be viewed very seriously;
(4) As it is reported that the daughter of the applicant has delivered a child recently and now she is at Bellary, the applicant is permitted to stay at Bellary upto 06.11.2022. It is specifically directed that the applicant shall move out of Bellary and remain out of Bellary in Karnataka and Districts of Ananthapuram and Cuddapah in Andhra Pradesh from 07.11.2022 till the trial is concluded."
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