Pankaj Kumar Gupta vs State Of U.P. And Another
2024 Latest Caselaw 33124 ALL

Allahabad High Court

Pankaj Kumar Gupta vs State Of U.P. And Another on 1 October, 2024

Author: Ajay Bhanot

Bench: Ajay Bhanot

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:161158
 
Court No. - 65
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27192 of 2024
 

 
Applicant :- Pankaj Kumar Gupta
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Saurabh Srivastava
 
Counsel for Opposite Party :- Dharmendra Pratap Singh,G.A.
 

 
Hon'ble Ajay Bhanot,J. 
 

Matter is taken up in the revised call.

The affidavit of Shri Ramesh Kumar Maurya, Sub-Inspector filed by Shri Chandan Agarwal, learned A.G.A. and the counter affidavit filed by Shri Dharmendra Pratap Singh, learned counsel for the informant are taken in the record.

Heard Shri Saurabh Srivastava, learned counsel for the applicant, Shri Dharmendra Pratap Singh, learned counsel for the informant and Shri Paritosh Kumar Malviya, learned AGA-I for the State.

By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.0163 of 2023 at Police Station-Marka, District-Banda under Sections 307, 302 I.P.C. The applicant is in jail since 18.09.2023.

The bail application of the applicant was rejected by learned trial court on 03.04.2024.

The applicant has been identified as the principal offender who committed the murder of the deceased. The deceased in his statement before the police authorities had also asserted that the applicant inflicted the knife injuries to him. The said injuries ultimately led to the death of the deceased. The eye witnesses to the incident as well as post mortem report corroborate the prosecution case. The offence is grave. There is likelihood that the applicant had 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 Saurabh Srivastava, learned counsel for the applicant contends that the trial is moving at a snail's pace and shows no sign of early conclusion. The applicant is not responsible for the delay in the trial proceedings. The prosecution is deliberately delaying the conduct of the trial to prolong the incarceration of the applicant. Inordinate delay in concluding trial will to an indefinite detention of the applicant. Various other aspects which cause delays in trials in the State of Uttar Pradesh have been highlighted. The submissions of the learned counsel are well founded and are liable to be addressed.

The learned trial court has to faithfully implement the legislative mandate of Section 309 Cr.P.C. The learned trial court is also under an obligation of law to realize the fundamental rights of an accused to a speedy trial.

Considering the facts and circumstances of the case, interest of justice will be served by directing the learned trial court to expedite the trial.

Though no specific time frame to conclude the trial has been set out in the Cr.P.C., yet the legislative intent of Section 309 Cr.P.C. is explicit. The scheme of the provision clearly shows that the legislative intent is to conclude the trial in an expeditious time frame. In the facts of this case, the learned trial court shall make all endeavours to conclude the trial expeditiously. Preferably the trial court shall set for itself a reasonable time frame to conclude the trial say one year from the date of receipt of a certified copy of this order.

All witnesses and counsels are directed to cooperate with the trial proceedings.

The learned trial court shall issue summons by regular process as per Section 62 Cr.P.C. and also by registered post as provided under Section 69 Cr.P.C. to expedite the trial.

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.

The police authorities shall ensure that warrants or any coercive measures as per law taken out by the learned trial court to ensure that the attendance of the witnesses are promptly executed.

The Superintendent of Police, Banda shall file an affidavit before the trial court on the date fixed regarding status of execution of the warrants/service of summons taken out by the learned trial court.

The delay in the trials caused by the failure of the police authorities to serve summons or execute coercive measures to compel the appearance of witnesses at the trial despite a statutory mandate, is an issue of grave concern. The said issue had arisen for consideration before this Court in Bhanwar Singh @ Karamvir Vs. State of U.P. (Criminal Misc. Bail Application No. 16871 of 2023) & Jitendra v. State of U.P. (Criminal Misc. Bail Application No.9126 of 2023) and was decided by the judgements dated 24.08.2023 & 20.12.2023 respectively. This Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) had issued certain directions to the police authorities regarding their statutory duty to promptly serve summons and execute coercive processes to compel the appearance of witnesses.

The Director General of Police, Government of U.P. as well as Principal Secretary (Home), Government of U.P. had taken out relevant orders in compliance of judgements in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) and nominated the Senior Superintendent of Police of the concerned districts as the nodal officials for implementing the said judgments.

The counsels as well as the learned trial court are directed to comply with the directions issued by this Court in Noor Alam Vs. State of U.P. rendered in Criminal Misc. Bail Application No. 53159 of 2021. In case any strike happens during the course of the trial, the learned trial court is directed to ensure full compliance of the directions issued in Noor Alam (supra) to prevent delay in the trial.

In case the police authorities are failing to comply with the directions issued by this Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) and do not implement the said directions of the Director General of Police, Government of U.P. & the Home Secretary, Government of U.P. in regard to service of summons and execution of coercive measures to compel the appearance of witnesses, the learned trial court shall direct the concerned Senior Superintendent of Police to file an affidavit in this regard.

The learned trial court shall be under an obligation to examine whether the judgements of this Court in Bhanwar Singh @ Karamvir (supra) & Jitendra (supra) as well as directions of Director General of Police, Government of U.P. & the Home Secretary, Government of U.P. issued in compliance thereof have been implemented or not and to take appropriate action as per law.

The learned trial court shall also take appropriate measures in law after receipt of such affidavit which may include summoning the concerned officials in person.

It is further directed that in case any accused person who has been enlarged on bail does not cooperate in the trial or adopts dilatory tactics, the learned trial court shall record a finding to this effect and cancel the bail without recourse to this 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, Banda as well as Superintendent of Police, Banda by the Registrar (Compliance) by e-mail.

It is contended on behalf of the applicant that the applicant is a mentally ill person. Accordingly, the report was called forthwith from the Institute of Mental Health and Hospital, Agra. The said report records that the applicant is suffering from Mental illness (Psychosis) and having Average Intellectual Functioning (IQ=108). The Judgement and Cognitive Functions of the applicant were intact. No Perceptual abnormality detected at the time of examination.

The counter affidavit filed by Shri Dharmendra Pratap Singh, learned counsel for the informant discloses that the applicant is a school teacher who was regularly attended the school at all relevant times. No complaints from the teachers as well as students have been obtained. In any case the issue of mental illness is liable to be considered in light of the provisions of Chapter 25 of the Code of Criminal Procedure.

The applicant shall be provided full medical care as and when deemed appropriate by the learned trial court or jail authorities concerned in case the applicant or his family members asked for the same.

Order Date :- 1.10.2024

Ashish Tripathi