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ITEM NO.11 COURT NO.4 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s).51876/2023
(Arising out of impugned final judgment and order dated 19-01-2023 in CRMBA No.7941/2022 passed by the High Court of Judicature at Allahabad)
GAGAN GUPTA Petitioner(s)
VERSUS
STATE OF UTTAR PRADESH Respondent(s)
(IA No.265495/2023-CONDONATION OF DELAY IN FILING and IA
No.265493/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.265494/2023-EXEMPTION FROM FILING O.T.)
Date : 03-01-2024 This petition was called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE SURYA KANT
HON’BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Ronak Karanpuria, AOR
Mr. Jai Wadhwa, Adv.
Mr. Parteek Kumar, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
1. Delay condoned.
2. The petitioner is facing trial under Sections 364-A, 302 and 201 IPC. The unfortunate incident relates to the kidnapping and brutal murder of a 13 years old child for ransom. The petitioner, being one of the suspect, was arrested on 02.10.2019. While declining to release him on bail, the High Court, vide the impugned order dated 19.01.2023, directed the Trial Court to conclude the trial proceedings within one year.
3. Besides long incarceration, the second ground taken before us by the petitioner in support of his prayer for bail is that the trial is no way near to conclusion as only two out of twenty eight witnesses have been examined so far.
4. Having considered the submissions made by learned counsel for the petitioner, it may not be necessary to go into the merits of the petitioners prayer for bail at this stage. However, we deem it appropriate to direct the Trial Court to conclude the trial within nine months. For this purpose, the Senior Superintendent of Police, Aligarh is directed to ensure that the prosecution witnesses are produced before the Trial Court on each and every date of hearing. In the event of any laxity in this regard, a serious view shall be taken. The Trial Court, in turn, is directed to fix the trial twice in a month and make an endeavour to examine the left out witnesses within four months. Thereafter, an adequate opportunity to the petitioner and other accused to lead defence evidence shall be granted. However, it shall be ensured that the trial proceedings are concluded by 30.09.2024. In the event of any further delay, the petitioner shall be at liberty to revive his prayer for bail. Such an application shall be considered as per its own merit without being influenced by the observations contained in the impugned order of the High Court.
5. The Special Leave Petition stands disposed of accordingly.
6. As a result, the pending interlocutory applications also stand disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.)
DEPUTY REGISTRAR COURT MASTER (NSH)