Hirdesh Sahu s/o Jagdish Sahu Versus The State of Madhya Pradesh
CODE OF CRIMINAL PROCEDURE, 1973 (CrPC)
Section 439 - Special powers of High Court or Court of Session regarding bail
Section 34 - Acts done by several persons in futherance of common intention
Madhya Pradesh High Court (Single Judge)
MISC. CRL, 29219 of 2021, Judgment Date: Jun 24, 2021
Law laid down -
The examination of the witness shall be held as expeditiously as possible; and the same shall be continued on day to day basis till its conclusion.
The Judge ought to have seen the sensitivity of the matter and should not have given such long date for the purposes of cross[1]examination which has led to the material witness turning hostile, seriously jeopardizing and undermining the efforts made by the police officers to bring home the charges against the accused persons, and to say the least, of the cost involve in the rescue operation which is always borne by the State. Lest it is again forgotten, it is hereby directed to all the judges of the trial court, to ensure the compliance of Section 309 of Cr.P.C. and specially in sensitive cases like murder, abduction and rape, provisions of s.309 of Cr.P.C. should be observed religiously, without fail and cases should not be adjourned on the drop of a hat.
Relied on Section 309 of the Code of Criminal Procedure, 1973.
Hirdesh Sahu s/o Jagdish Sahu Versus The State of Madhya Pradesh