Dinesh @ Pahlwan vs State Of Haryana

N.S.SHEKHAWAT, J. (Oral)

Allowed as prayed for subject to all just exceptions.

Zimini orders (Annexure P-2) are taken on record.

The petitioner has filed the present petition under Section 528 of B.N.S.S., 2023, with a prayer to direct the Court of Additional Sessions Judge, Sonepat to conclude the trial in a case arising out of FIR No.66 Dated 22.03.2018 under Sections 34, 307 and 302 of IPC (corresponding to sections 3(5), 109 and 103 of BNS, 2023) and Section 25 of Arms Act, 1959, registered at P.S. Barauda, District Sonepat, Haryana, in a time-bound manner, preferably within a period of three months.

Learned counsel for the petitioner has vehemently argued that the FIR in the present case was registered on 22^nd March 2018 and the petitioner was wrongly arrested in the present case on 04.12.2018. Since then, the petitioner is confined in jail. He further submits that in the present case, the case of the prosecution primarily hinges on the testimonies of various police officials, who are posted in District Sonepat only. Still, the police officials are intentionally not appearing before the trial Court and, due to this, the trial has been lingered for the last more than eight years. Consequently, the directions may be issued to the trial Court to conclude the trial in a time-bound manner.

I have heard learned counsel for the petitioner at length and the record very carefully.

From the record, it is apparent that in the present case various accused have moved applications seeking exemption from personal appearance on several dates. At the same time, it is also apparent from the record that on several dates the witnesses, who are mostly police officials, had not appeared before the trial Court. Thus, primarily due to the aforesaid two reasons, the trial has been delayed before the trial Court.

Fair, just and reasonable procedure implicit in Article 21 of the Constitution of India creates a right in the accused to be tried fairly. Right to speedy trial is right of every accused, who is facing a criminal prosecution. The fact that a speedy trial is not only in the public interest but it also serves societal interests as well. It is in the interest of all that the guilt of the accused should be determined at the earliest and the trials before the Courts should be quickly decided by ensuring the presence of the accused as well as the witnesses, who have been mentioned in the challan before the Court. Consequently, the trial Court is directed not to grant unnecessary exemptions from personal appearance to the accused, who are facing trial in the present case. Apart from that, the trial Court is also directed to follow the mandate of Chapter VI of BNSS, 2023 (PROCESSES TO COMPEL APPEARANCE), and in case, any witness does not appear before the trial Court, the senior police officers may be directed to ensure the presence of such witnesses before the trial Court. Even, the trial Court may proceed to declare these witnesses a proclaimed person/offender and may also order the attachment of the properties of such witnesses as per Section 85 of BNSS.

It is expected that the trial Court shall conclude the trial in the present case expeditiously by following the due process of law.

Disposed of.

All pending applications, if any, are disposed of, accordingly.