Priya Gour
Published on: 4th August 2022 at 19:09 IST
Stringent directions were issued by the Patna High Court to the Senior Superintendent of Police and Superintendent of Police to ensure timely availability of case-diary/charge-sheets for every case to the State counsel. This was in the need for effective submission prosecution case before the Court during bail hearings.
While hearing a plea on bail disposal, the APP did not have copy of the charge sheet , becoming “totally handicapped” to represent the State’s case and provide assistance to the State.
The Bench of Justice Jitendra Kumar expressed anguish by noting that this not only caused delay in disposal of the case, but also deprived the Court of its rightful knowledge as to what was the best in the prosecution case. Such instances lead to miscarriage of justice.
The Court was of the opinion that there should be an internal system of the prosecution for timely case-diaries/ charge-sheets availability to the State Counsel, during the bail petition hearing.
The Court noted, that, “Immediately after getting information of filing of any bail petition, the State Counsel through AG office may inform the concerned SSP/SP through telephone, e-mail or letter, for supply of a copy of the case- diary/charge-sheet for effective representation of the State in Court.”
“After such information of requisition from State Counsel, SSP/SP concerned may be saddled with duty to ensure that case-diaries/charge-sheets are made available to the concerned counsel.”
The Bench also suggested that, “separate Standing Counsel must be made with a brief of their case for effectiveness to fulfil the gap of partial presence and absence of state counsels.
Resultantly, the court issued directions to the Registrar General for sending a copy of the current order to the Chief Secretary, Government of Bihar, Patna and the Director General.
