Professional Documents
Culture Documents
...
Appellants
Versus
State of Bihar and Anr.
...
Respondents
JUDGMENT
Dipak Misra, J.
The pivotal issues, quite disturbing and disquieting,
that emanate in this appeal by special leave for scrutiny,
deliberation and apposite delineation, fundamentally pertain
to the role of the prosecution and the duty of the court
within the requisite paradigm of fair trial which in the
ultimate conceptual eventuality results in appropriate
The
Procedure
Code,
1973
(CrPC),
are
really
Fortunately, the
Section
401 CrPC;
but what
is redemption
for
the
The
It is apt to mention
learned
trial
Judge
issued
bailable
as
Thereafter
well
as
Being
aggrieved
by
the
aforesaid
judgment,
the
Zahira
Mehta,
learned
counsel
appearing
for
the
In
Judge from time to time, we find that the learned trial Judge
2
10
Ayodhya
Dube
v.
Ram
Sumer
Singh4
wherein
11
three-Judge
Bench
explaining
the
decision
in
Chinnaswamy (supra) observed that:....we only wish to say that the criminal justice
system does not admit of piegon-holing. Life
and the Law do not fall neatly into slots. When a
court starts laying down rules enumerated (1),
(2), (3), (4) or (a), (b), (c), (d), it is arranging for
itself
traps
and
pitfalls.
Categories,
classifications and compartments, which statute
does not mention, all tend to make law less
flexible, less sensible and less just.
Be it noted, in the said case this Court had affirmed
the order of retrial directed by the High Court in a revision
petition preferred under Section 401 CrPC on the ground
that judgment of acquittal consisted of faulty reasoning and
lack
of
judicial
approach,
and
accepted
canons
for
12
Ors.7, it has been opined that direction for retrial should not
6
7
13
8
9
14
13.
10
11
(2010) 6 SCC 1
(2012) 4 SCC 516
15
Natasha Singh v. CBI12, wherein it has been laid down:Fair trial is the main object of criminal
procedure, and it is the duty of the court to
ensure that such fairness is not hampered or
threatened in any manner. Fair trial entails the
interests of the accused, the victim and of the
society, and therefore, fair trial includes the grant
of fair and proper opportunities to the person
concerned, and the same must be ensured as
this is a constitutional, as well as a human right.
Thus, under no circumstances can a persons
right to fair trial be jeopardised.
16.
Court dealing with the concept of fair trial has opined that:Denial of a fair trial is as much injustice to the
accused as is to the victim and the society. It
necessarily requires a trial before an impartial
Judge, a fair prosecutor and an atmosphere of
judicial calm. Since the object of the trial is to
mete out justice and to convict the guilty and
12
13
16
of
M.P.17
and
Dayal
Singh
v.
State
of
Uttaranchal18.
18.
conducting
(2009)
(1999)
(2004)
(1995)
(2012)
6 SCC 767
8 SCC 715
10 SCC 598
5 SCC 518
8 SCC 263
themselves
in
such
manner
as
17
neither
the
prosecution
nor
the
defence
takes
18
dismissed.
19
.............................J.
[Dipak Misra]
.............................J.
[Prafulla C. Pant]
New Delhi
July 20, 2015