Avoid Unnecessary Adjournments, Fix Short & Continuous Dates For Recording Evidence: Chhattisgarh High Court Directs Trial Courts

The Chhattisgarh High Court directed all trial courts in the state to make earnest efforts to avoid unnecessary adjournments and to fix short, continuous dates for recording evidence, particularly when accused are in custody.

Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has been in jail since 8th Nov 2024, and out of 14 witnesses, only 3 have been examined so far, and all of them have turned hostile. Counsel for the State opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. She further submits that first bail application of the applicant was rejected by this Court on the ground that the contraband article i.e. 33.7 Kgs Ganja which has been seized from the joint possession of the applicant, is much above the commercial quantity and the applicant has failed to give any explanation for the same, further it cannot be a case of false implication, as such, the applicant is not entitled to be released on bail.

The bench of Chief Justice Ramesh Sinha observed that “ in several cases it has been noticed that the trial Courts tend to grant long adjournments even where the accused is in custody. Such practice not only delays the conclusion of the trial but also adversely affects the fundamental right to speedy trial guaranteed under the Constitution of India. Therefore, all trial Courts are directed to make earnest efforts to avoid unnecessary adjournments and to fix short and continuous dates for recording evidence, particularly in cases where the accused is in judicial custody, unless there exists any unavoidable or compelling circumstance.”

Added to that Court stated, “ this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of four months from the date of receipt of a certified copy of this order, if there is no legal impediment.”

Advocate Ravikar Patel appeared for the Applicant, and Panel Lawyer Ankita Shukla appeared for the state.

Brief Facts

The Second bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, for the grant of regular bail to the applicant who has been arrested in connection with the offence punishable under Section 20-B(II)(C)of the Narcotic Drugs and Psychotropic Substances Act, 1985. Based on the information, a raid was conducted and a total of 33.7 kg of the contraband substance Ganja was seized from the joint possession of the present applicant and the co-accused persons. Thereafter, the police registered an offence punishable under Section 20-B(ii)(C) of the NDPS Act, 1985, against the applicant.The first bail application of the applicant was rejected by this Court on the ground that the contraband article, i.e., 33.7 kilograms of Ganja, was recovered from the joint possession of the applicant and the co-accused person. The quantity seized is much above the commercial quantity, and the applicant failed to furnish any satisfactory explanation for the same. It was also observed that it could not be a case of false implication, particularly when the trial is already in progress.

Cause Title: Hariom Pal v. State of Chhattisgarh (Neutral Citation: 2025:CGHC:53622)

Appearence

Applicant: Advocate Ravikar Patel

Non-Applicant/State: Panel Lawyer Ankita Shukla

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