TaxTMI 
TaxTMI 
2013 (3) TMI 595
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....court of learned Special Judge, Greater Bombay. 2. Before we proceed to state the factual score, it is necessary to mention that this is not the first time that the petitioners have approached this Court. They, along with others, had assailed the order of the High Court of Bombay declining to quash the criminal proceedings against the petitioners and others on the ground of delay in investigation and filing of charge sheet in three special leave petitions which were converted to three criminal appeals, namely, Criminal Appeal Nos. 176 of 2001, 177 of 2001 and 178 of 2001. This Court adverted to the facts and expressed the view that there was no justification to quash the criminal prosecution on the ground of delay highlighted by the appellants in all the appeals. However, this Court took note of the allegations against two senescent ladies who were octogenarians relating to their abetment in the commission of the crime and opined that the materials were insufficient to prove that the old ladies intentionally abetted the public servant in acquiring assets which were disproportionate to his known sources of income and further it would be unfair and unreasonable to compel them, who....
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.... on 15.12.2007 nearly after expiry of seven years. It is put forth that during the pendency of the trial, the wife of the petitioner No. 1 has breathed her last on 23.5.2008. It is averred that nearly after four years of framing of charges, on 1.2.2011, Shri Vasant S. Shete, the Investigating Officer, was partly examined by the prosecution and, thereafter, the matter was adjourned on many an occasion. Despite the last opportunity being granted by the learned Special Judge, the Investigating Officer was not produced for examination. As pleaded, the Investigating Officer appeared before the Special Judge on 20.7.2011 and sought further time instead of getting himself examined. Thereafter, the matter was adjourned on 25.8.2011, 21.9.2011 and 18.10.2011 and the examination of the Investigating Officer could not take place. On 15.11.2011, the Investigating Officer submitted a letter to the Assistant Commissioner of Police, ACB, stating that he had already taken voluntary retirement and due to bad health was unable to attend the court and follow up the case. He made a request to the ACP to appoint some other officer for prosecuting the case. Thereafter, the Investigating Officer absented....
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....ents, the charges could not be framed within a reasonable time but ultimately, on 15.12.2007, the charges were framed. The factual narration would further reveal that certain miscellaneous applications were filed and they were ultimately dismissed on 20.2.2008. On 04.4.2009, an order was passed requiring the counsel for the accused to submit admission and denial of the documents as per the description mentioned in the application under Section 294 of the Code of Criminal Procedure. Some time was consumed to carry out the said exercise. The matter was also adjourned as PW.1 had undergone an operation. On 26.8.2012, the trial Court recorded that the witness, Shetye, was unable to attend the Court and on the next date, i.e., 13.7.2012, the Prosecution Witness No. 1 stated that he was suffering from mental imbalance and was not in a position to depose and in view of the said situation, the Court directed the prosecution to lead evidence of other witnesses on the next date. Relying on the documents annexed to the counter affidavit, it is contended that on most of the dates, the accused has taken adjournment on some pretext or the other. 8. In the body of the counter affidavit, variou....
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....on of the criminal proceedings, the right to speedy trial would be illusory. The Constitution Bench, after referring to the factual matrix and various submissions, opined that there is a constitutional guarantee of speedy trial emanating from Article 21 which is also reflected in the Code of Criminal Procedure. Thereafter, the Court proceeded to state as follows:- "83. But then speedy trial or other expressions conveying the said concept - are necessarily relative in nature. One may ask - speedy means, how speedy? How long a delay is too long? We do not think it is possible to lay down any time schedules for conclusion of criminal proceedings. The nature of offence, the number of accused, the number of witnesses, the workload in the particular court, means of communication and several other circumstances have to be kept in mind." After so stating, the Court gave certain examples relating to a murder trial where less number of witnesses are examined and certain trials which involve large number of witnesses. It also referred to certain offences which, by their very nature, e.g., conspiracy cases, cases of misappropriation, embezzlement, fraud, forgery, sedition, acquisition of di....
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....ly course open. The nature of the offence and other circumstances in a given case may be such that quashing of proceedings may not be in the interest of justice. In such a case, it is open to the court to make such other appropriate order - including an order to conclude the trial within a fixed time where the trial is not concluded or reducing the sentence where the trial has concluded - as may be deemed just and equitable in the circumstances of the case. It has been laid down therein that it is neither advisable nor practicable to fix any time-limit for trial of offences inasmuch as any such rule is bound to be qualified one. 14. In Kartar Singh v. State of Punjab[(1994) 3 SCC 569], another Constitution Bench, while accepting the principle that denial of the right to speedy trial to the accused may eventually result in a decision to dismiss the indictment or a reversal of conviction, further went on to state as follows:- "92. Of course, no length of time is per se too long to pass scrutiny under this principle nor the accused is called upon to show the actual prejudice by delay of disposal of cases. On the other hand, the court has to adopt a balancing approach by takin....
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....(I), Raj Deo Sharma Case (I) and (II). At the most the periods of time prescribed in those decisions can be taken by the courts seized of the trial or proceedings to act as reminders when they may be persuaded to apply their judicial mind to the facts and circumstances of the case before them and determine by taking into consideration the several relevant factors as pointed out in A.R. Antulay case and decide whether the trial or proceedings have become so inordinately delayed as to be called oppressive and unwarranted. Such time-limits cannot and will not by themselves be treated by any Court as a bar to further continuance of the trial or proceedings and as mandatorily obliging the court of terminate the same and acquit or discharge the accused." [Emphasis added] 16. At this juncture, we may notice few decisions to show how the principles laid down in Abdul Rehman Antulay (supra) and P. Ramachandra Rao (supra) have been applied by this Court either for the purpose of quashing of the prosecution or refusal to accede to the prayer in that regard. In Vakil Prasad Singh v. State of Bihar[(2009) 3 SCC 355], the two-Judge Bench took note of factual scenario that the investigation wa....
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....t to speedy trial and the accused's right of fair trial. Unlike the accused's right of fair trial, deprivation of the right to speedy trial does not per se prejudice the accused in defending himself. The right to speedy trial is in its very nature relative. It depends upon diverse circumstances. Each case of delay in conclusion of a criminal trial has to be seen in the facts and circumstances of such case. Mere lapse of several years since the commencement of prosecution by itself may not justify the discontinuance of prosecution or dismissal of indictment. The factors concerning the accused's right to speedy trial have to be weighed vis-à-vis the impact of the crime on society and the confidence of the people in judicial system. Speedy trial secures rights to an accused but it does not preclude the rights of public justice. The nature and gravity of crime, persons involved, social impact and societal needs must be weighed along with the right of the accused to speedy trial and if the balance tilts in favour of the former the long delay in conclusion of criminal trial should not operate against the continuation of prosecution and if the right of the accused in the facts and ....
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....rved ambitions, kills the conscience, jettisons the glory of the institutions, paralyses the economic health of a country, corrodes the sense of civility and mars the marrows of governance. It is worth noting that immoral acquisition of wealth destroys the energy of the people believing in honesty, and history records with agony how they have suffered. The only redeeming fact is that collective sensibility respects such suffering as it is in consonance with the constitutional morality. Therefore, the relief for quashing of a trial under the 1988 Act has to be considered in the above backdrop. 21. It is perceivable that delay has occurred due to dilatory tactics adopted by the accused, laxity on the part of the prosecution and faults on the part of the system, i.e., to keep the court vacant. It is also interesting to note that though there was no order directing stay of the proceedings before the trial court, yet at the instance of the accused, adjournments were sought. After the High Court clarified the position, the accused, by exhibition of inherent proclivity, sought adjournment and filed miscellaneous applications for prolonging the trial, possibly harbouring the notion that....