1984 (1) TMI 339 - SC - Indian Laws

Supreme Court emphasizes continuous trial conduct & advocate presence for expeditious criminal proceedings

The Supreme Court dismissed a petition seeking bail until a witness examination, directing the trial to proceed daily to ensure expeditious Sessions case ... - Issues involved: Bail conditions, trial proceedings, duty of advocatesBail conditions: The Supreme Court dismissed a petition for special leave to appeal against an order of the Delhi High Court refusing bail until a witness examination. The court directed the trial to proceed from day-to-day upon commencement, emphasizing the importance of continuous trial proceedings in Sessions cases to ensure expedition and prevent manipulation.Trial proceedings: The court highlighted the necessity for Sessions trials to be conducted continuously from start to finish, without being fragmented. It stressed that a Sessions Judge must ensure all essential evidence is available before starting the trial, and once commenced, should proceed daily unless unavoidable circumstances necessitate an adjournment for a compelling reason.Duty of advocates: The petitioner sought modification of the trial direction, citing difficulty for advocates to attend court daily. The court emphasized the professional duty of advocates in criminal cases to be present at the trial daily once they accept a brief. It stated that failing to attend daily would constitute a breach of professional duty, underscoring the importance of advocate commitment to trial proceedings.The Criminal Miscellaneous Petition was dismissed, affirming the obligation of advocates to attend trial daily in criminal cases to ensure the expeditious and continuous progress of Sessions trials.