Courts must conduct trial in serious offences on day-to-day basis: HC | Bengaluru News

BENGALURU: Rejecting a triple murder case accused’s third successive bail petition, the high court has directed trial courts to conduct trial in cases of grievous offences like murder and dacoity on a day-to-day basis, by following the procedure prescribed in Chapter XVIII of Criminal Procedure Code.
In his recent order, Justice K Natarajan pointed out that the court has been noticing that in several cases, counsel for accused are seeking bail on the ground of delay in conduct of trial by sessions courts.
The judge noted that in the UP vs Shambunath Singh and others case, the Supreme Court had clearly said that trial courts should not give adjournment without assigning reason or merely acting upon requests from counsels for accused. The same would violate section 309 of CrPC pertaining to the expeditious trial of cases.
“It has been observed by this court that most sessions judges are not conducting trial in letter and spirit by following the mandate of the Supreme Court and as per Chapter XVIII of CrPC by conducting trial on day-to-day basis,” the judge added.
Ansu alias Ansar Ali, a resident of Gundlupet town in Chamarajanagar district, was arrested on June 4, 2020, in connection with the murder of Zakaulla, Kaisar and Idris. It was a fallout of disputes related to rice and cow transportation business. A gang of 19 persons, including Ansar, was involved in the attack involving deadly weapons like chopper and knives. Complainant Muzibul Rehman and four others were injured in the incident.
Earlier on March 8, 2021, his first bail petition was rejected by the high court and on March 22, 2022, he withdrew the second one.
In the third bail petition, he claimed that some of the co-accused had been granted bail by the co-ordinate benches of the high court and hence, he was entitled for bail on parity. According to him, there is no mention about him in the FIR and statements recorded by the magistrate under section 164 of CrPC, there is no specific overt act attributed to him.
He further contended even after three years, the trial had not yet commenced, the court was simply adjourning the proceedings and the prosecution hadn’t recorded the evidence of witnesses.
However, Justice K Natarajan, after perusing the material on record, including the order sheet of the sessions court at Chamarajanagar, pointed out that many a times, adjournment was sought on behalf of the accused even though the witnesses were present.
“The accused can’t blow hot and cold – on the one hand take adjournments in the trial court and on the other hand, seek bail on the ground of delay,” Justice Natarajan observed.
The judge further noted the postmortem report clearly reveals that deceased Zakaulla died of stab wounds in the chest, wherein it was attributed that the petitioner (Ansar Ali) had stabbed him 4-5 times in the chest. The judge said one of the witnesses had, in fact, categorically named the petitioner in the 164 CrPC statement recorded by the magistrate and other witnesses confirmed that he had stabbed Zakaulla. The investigation officer has also stated that petitioner was the main reason for the murder of Zakaulla and attack on others.

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