Ashiwani Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 2271 MP

                                                                          1
                                        IN     THE       HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                           ON THE 8 th OF FEBRUARY, 2023
                                                         CRIMINAL APPEAL No. 6762 of 2021

                                       BETWEEN:-
                                       ASHIWANI SHARMA S/O SHRI RAJENDRA KUMAR
                                       SHARMA, AGED ABOUT 38 YEARS, OCCUPATION:
                                       BUSINESS 172 CRYSTAL IDEAL CITY AWADHPURI
                                       DISTRICT BHOPAL (MADHYA PRADESH)

                                                                                                       .....APPELLANT
                                       (BY SHRI DHIRAJ TIWARI - ADVOCATE FOR THE APPELLANT)

                                       AND
                                       1.    THE STATE OF MADHYA PRADESH THR P.S.
                                             AWADHPURI DISTRICT BHOPAL MP P.S.
                                             AWADHPURI DISTRICT BHOPAL MP (MADHYA
                                             PRADESH)

                                       2.    VICTIM A D/O NOTKNOWN NOT                  MENTON
                                             (MADHYA PRADESH)

                                                                                                    .....RESPONDENTS
                                       (BY SHRI PRAMOD SAXENA - GOVERNMENT ADVOCATE FOR THE
                                       STATE)

                                             This appeal coming on for admission this day, th e court passed the
                                       following:
                                                                           ORDER

Considered PUD sent by Shri Kamal Joshi, Special Judge under the SC/ST (Prevention of Atrocities) Act, Bhopal.

Vide PUD dated 16.01.2023, learned Special Judge has mentioned that 56

Signature Not Verified SAN prosecution witnesses are yet to be examined. It is also mentioned that there are

Digitally signed by MOHD TABISH KHAN 773 cases pending in his Court, out of which 39 cases are of under trial. There Date: 2023.02.09 13:04:00 IST

is direction of the High Court to decide 25 oldest cases. High Court has already

decided time limit in three other cases and, therefore, he has sought extension of time for one year, out of which nine months for examination of prosecution witnesses and three months for examination of the defense evidence of the accused, if any, and then for final arguments and judgment.

This time limit appears to be unrealistic. As far as, 25 old cases are concerned, for that concerned Judges are required to stretch themselves a bit extra. Even pendency of 773 cases in the Court of the concerned Judge cannot be set to be excessive. Therefore, after taking totality of facts and circumstances of the case, six months' time is granted to conclude the trial.

Accused is in custody since 09.08.2018 i.e. for over four years.

Therefore, trial is directed to be completed by any means on or before 31.08.2023.

In above terms, PUD is disposed of.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2023.02.09 13:04:00 IST