RAJ DEO SHARMA versus THE STATE OF BIHAR

RAJ DEO SHARMA versus THE STATE OF BIHAR

The Supreme Court clarified that the directions issued for closing prosecution evidence in criminal trials flowing from Article 21 do not fix an outer time limit for conclusion of all criminal proceedings. The periods suggested for closure of prosecution evidence are not absolute and may be excluded for valid reasons such as pendency of appeals/revisions, absence of presiding officer, vacancy of public prosecutor, cases pending at the date of main judgment, and the suspended period of main judgment. Courts may invoke powers under Section 311 CrPC after closure; Section 309 CrPC must be strictly adhered to, but prosecution evidence should not be closed solely on account of delays not...

Parties
Applicant/appellant: Raj Deo Sharma; Respondent: State of Bihar; Petitioner (for Clarification/modification): Central Bureau of Investigation, Government of India
Jurisdiction
India
Judgment Date
22 September 1999
Procedural Posture
Criminal Miscellaneous Petition / Disposal of Petition for Clarification/modification of Directions Issued in Main Appeal
Outcome
Petition disposed of according to majority opinion; directions clarified and modified.
Legal Topics
Right to Speedy Trial, Delay in Trial, Closure of Prosecution Evidence, Article 21, Section 309 and 311 Cr PC
Constitutional Law Criminal Law Right to Speedy Trial Delay in Trial Closure of Prosecution Evidence Article 21 Section 309 and 311 Cr PC

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Parties

Raj Deo Sharma

Applicant/appellant

State of Bihar

Respondent

Central Bureau of Investigation, Government of India

Petitioner (for Clarification/modification)

Procedural Posture

Criminal Miscellaneous Petition / Disposal of Petition for Clarification/modification of Directions Issued in Main Appeal

Legal Issues

  1. 1 Whether the directions regarding closure of prosecution evidence issued by the Supreme Court in Raj Deo Sharma I, are unexceptional and require clarification/modification for enforcement of the right to speedy trial under Article 21
  2. 2 Whether time limits on closure of prosecution evidence should be imposed in criminal trials in light of infrastructural and procedural realities

Ratio Decidendi

The Supreme Court clarified that the directions issued for closing prosecution evidence in criminal trials flowing from Article 21 do not fix an outer time limit for conclusion of all criminal proceedings. The periods suggested for closure of prosecution evidence are not absolute and may be excluded for valid reasons such as pendency of appeals/revisions, absence of presiding officer, vacancy of public prosecutor, cases pending at the date of main judgment, and the suspended period of main judgment. Courts may invoke powers under Section 311 CrPC after closure; Section 309 CrPC must be strictly adhered to, but prosecution evidence should not be closed solely on account of delays not...

Court Disposition

Petition disposed of according to majority opinion; directions clarified and modified.

Orders

  • A copy of the judgment shall be forwarded to the Registrar of every High Court, with direction that every Sessions Judge shall be informed for implementation forthwith.
  • Registrar of High Courts to develop plans for additional courts/special courts to address pending criminal caseload.