The bench of Justice MR Shah and Krishna Murari while disposing of a petition filed by G. Janardhan Reddy seeking modification in the conditions of bail order to enter, stay and function in the district Bellar observed that "Early conclusion of criminal trials would enhance the faith of people in justice delivery system.
The Court held that "It is very unfortunate that even after a period of 11 years of filing the FIR and despite the observations made by this Court directing the trial to be expedited, the trial has not begun. From the material on record, it appears that the trial has not begun on the ground that the accused / co-accused are filing applications for discharge one after another, due to which the trial has not begun. In a case like this, it is always in the larger interest that the trial is concluded at the earliest. Early conclusion of the trial would enhance the faith of people in the justice delivery system."
The Court took serious note of the fact that the trial is pending for the last 11 years and directed the bring the trial to a logical end at the earliest and any attempt on the part of the accused to delay the trial of a serious offence is to be dealt with iron hands. More the delay, the more the possibility of influencing the witnesses.
The applicant G. Janardan Reddy who is accused in an illegal mining case is facing trial for serious offence u/s 120(B), 420, 370, 409 468, 411, 427, and 447 of the Indian Penal Code, 1860, section 2 of the Indian Forest Act, 1927, Rule 21 read with Rules 4(1), 4(1)(A) and 23 of the Mines and Minerals (Development and Regulation) Act, 1957. Reddy was arrested on 05.09.2011 in connection with this offence and he was granted bail on 20.01.2015 in SLP (Crl) No. 7053/2013 and imposed a condition that"c) He shall not visit the Districts of Bellary in Karnataka and Districts of Ananthapuram and Cuddapah in Andhra Pradesh which Reddy wanted to be modified and the present order came to be passed.
The Court also remarked "Taking into consideration the apprehension on the part of the CBI that if the applicant is allowed to enter, stay
and function in the Districts of Bellary in Karnataka and District of Ananthapuram and Cuddapah in Andhra Pradesh and that there are all possibilities of applicant influencing and/or tampering with the witnesses, this Court while granting bail imposed condition No.(c)
restraining the applicant from entering into the Districts of Bellary in Karnataka and District of Ananthapuram and Cuddapah in Andhra Pradesh. In past, the apprehensions are proved to be true and even the judicial officers were influenced / tried to be influenced.
There is a serious apprehension on the part of the CBI / investigating agency that if condition No.(c) is relaxed and/or modified and/or substituted, there would be threat to the witnesses because of the power and influence that the applicant is having."
Case Details:-
MISCELLANEOUS APPLICATION NO. 528 OF 2020
IN
SPECIAL LEAVE PETITION (CRIMINAL) NO. 7053 OF 2013
Gali Janardhan Reddy ..Appellant (S)
Versus
The State of Andhra Pradesh ..Respondent (S)
Read the complete judgment on the following link:-
https://main.sci.gov.in/supremecourt/2020/2054/2054_2020_7_69_38739_Judgement_10-Oct-2022.pdf
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