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826 Mukesh Singh V State of Uttar Pradesh 30 Sep 2022 438137

The Supreme Court of India heard a special leave petition seeking to quash bail granted to respondent no. 2, who is facing trial for murder and other charges. The petitioner's lawyer informed the court that the examination of the first prosecution witness took three months to conclude, and the examination of the second witness was only partially recorded on September 21st. The court noted its previous ruling that Section 309 of the Code of Criminal Procedure requires examination-in-chief to be followed by cross-examination on the same day or the following day, to avoid unnecessary adjournments. While not making a final ruling, the court advised the trial judge to follow Section 309 and expedite the trial by completing witness examinations within one or two days

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170 views1 page

826 Mukesh Singh V State of Uttar Pradesh 30 Sep 2022 438137

The Supreme Court of India heard a special leave petition seeking to quash bail granted to respondent no. 2, who is facing trial for murder and other charges. The petitioner's lawyer informed the court that the examination of the first prosecution witness took three months to conclude, and the examination of the second witness was only partially recorded on September 21st. The court noted its previous ruling that Section 309 of the Code of Criminal Procedure requires examination-in-chief to be followed by cross-examination on the same day or the following day, to avoid unnecessary adjournments. While not making a final ruling, the court advised the trial judge to follow Section 309 and expedite the trial by completing witness examinations within one or two days

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Rainhat
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2022 LiveLaw (SC) 826

IN THE SUPREME COURT OF INDIA


AJAY RASTOGI; J., C.T. RAVIKUMAR; J.
SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 8905/2022; 30-09-2022
MUKESH SINGH versus THE STATE OF UTTAR PRADESH & ANR.
Code of Criminal Procedure, 1973; Section 309 - Examination-in-chief followed with
cross-examination is to be recorded either on the same day or on the day following.
In other words, there should not be any ground for adjournment in recording the
examination-in-chief/cross-examination of the prosecution witness, as the case may
be. Referred Vinod Kumar v. State of Punjab, (2015) 3 SCC 220
(Arising out of impugned final judgment and order dated 05-03-2022 in CRMBA No. 1156/2022
passed by the High Court of Judicature at Allahabad)
For Petitioner(s) Mr. Bhuwan Raj, AOR Ms. Manju Savita, Adv. Mr. M.A. Alim Majid, Adv. Mr.
Anubhav Mehrotra, Adv.
ORDER
Permission to file special leave petitions is granted.
The present special leave petitions have been filed for quashing of the bail granted to
respondent no. 2 in both the petitions who are facing trial for offences under Sections 302,
324, 504 and 506 IPC. Learned counsel for the petitioner informs this Court that there are
three eye-witnesses as per the calendar of witnesses and charge sheet has been filed and
statement of PW-1 by this time has been recorded which took almost three months to
conclude. So far as statement of PW-2 is concerned, part of the examination-in-chief was
recorded on 21.09.2022 and despite request been made the mandate of Section 309 Cr.P.C.
is not being followed which has been considered by this Court in “Vinod Kumar versus
State of Punjab, (2015) 3 SCC 220. The mandate of law itself postulate that examination-
in-chief followed with cross-examination is to be recorded either on the same day or on the
day following. In other words, there should not be any ground for adjournment in recording
the examination-in-chief/cross-examination of the prosecution witness, as the case may be.
We do not want to dilate at this stage since the trial is pending but we would like to
observe that the learned trial judge may take a note of the judgment of this Court in reference
to Section 309 Cr.P.C. and not only expedite the trial but the examination-in-chief/cross-
examination is to be recorded either on the same day or on the day following but no long
adjournment should be granted while recording the statement of prosecution witnesses.
List after six weeks.

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*Disclaimer: Always check with the original copy of judgment from the Court website. Access it here

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