Court No. - 43
Case :- APPLICATION U/S 482 No. - 31050 of 2018 Applicant :- Kailash Gupta Opposite Party :- State Of Up And Another Counsel for Applicant :- Bal Krishna Pandey Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Naqvi,J.
Heard Sri Bal Krishna Pandey, learned counsel for the applicant and the learned A.G.A.
The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 10.7.2018 passed by Addl. Sessions Judge, Court No.1, Mathura rejecting the application (Paper No. 213Kh) for segregating the trial from Sessions Trial No. 203 of 2015 (State Vs. Deepak Mina and others), Case Crime no. 10 of 2015, under Sections 302, 307, 120-B, 147, 148, 149, 323, 324 IPC, P.S. Sadar Bazar, District Mathura, pending in the Court of Addl. Sessions Judge, Court No.1, Mathura.
It is submitted by learned counsel for the applicant that apart from other accused, the present applicant too cross- examined PW-1, a Jail Superintendent on 25.11.2015, but the cross-examination of PW-1 is being deferred for almost 3 years to the prejudice of the applicant, who is in jail since 19.1.2015, whose bail application was rejected by this Court on 11.10.2017, with a further direction to conclude the pending trial within 8 months, although copy of the said order was served before the Court concerned on 20.11.2017, but the trial is unable to conclude either on the ground of frequent exemptions of the bailed out accused or adjournments, trial is not likely to be concluded in the near future, trial of the applicant be segregated.
Learned A.G.A. opposed the submission that considering the nature of the order impugned, ends of justice would be served, if an appropriate direction is issued to the Court concerned to not only decide the case expeditiously but also to not grant adjournments/ exemptions mechanically.
The application is disposed of with the direction that the trial court shall sincerely endeavour to conclude the trial expeditiously and while doing so the Court shall ensure that exemptions / adjournments, if any, are not granted mechanically, rather on cogent ground, else it would be open for the trial court to cancel the bail of the accused concerned.
Liberty is given to the applicant to place certified copy of this order before the Court concerned.
List on 30.1.2019 for submitting compliance report at 4:00 P.M, in Chambers.
Order Date :- 27.9.2018 N.S.Rathour