Avoid Unnecessary Adjournments, Fix Short Dates For Recording Evidence: Chhattisgarh High Court Tells Trial Courts

The Chhattisgarh High Court has advised Trial Courts to refrain from granting unnecessarily long adjournments, which delay the culmination of trial, and to instead fix short and continuous dates for recording evidence, particularly when the accused is in judicial custody.In this regard, Chief Justice Ramesh Sinha observed,“... this Court deems it appropriate to observe that in several cases it has been noticed that the trial Courts tend to grant long adjournments even where the accused is in custody. Such practice not only delays the conclusion of the trial but also adversely affects the fundamental right to speedy trial guaranteed under the Constitution of India. Therefore, all trial Courts are directed to make earnest efforts to avoid unnecessary adjournments and to fix short and continuous dates for recording evidence, particularly in cases where the accused is in judicial custody, unless there exists any unavoidable or compelling circumstance.”BackgroundThe observation came in response to a second bail application filed by the applicant who was arrested for offence punishable under Section 20-B(II)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)- which provides for rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and fine which shall not be less than one lakh rupees but which may extend to two lakh rupees in cases where a person is found producing, manufacturing, possessing, selling, purchasing, transporting, importing or exporting inter-State, or using cannabis.Initially, 33.7 kilograms of Ganja (contraband) was seized from the joint possession of the applicant and the co-accused.While the first bail application was rejected, the applicant, in his second bail application, argued that he had been in jail since November 2024, and out of 14 witnesses, only 3 had been examined so far, all of whom had turned hostile. As the next date of recording of evidence in the Trial Court was fixed for January 2026, the applicant prayed for bail on the grounds that the conclusion of the trial was likely to take time.In contrast, the State opposed the bail application on the grounds that charge-sheet had been filed and that the quantity of contraband seized from the applicant much exceeded the commercial quantity, for which the applicant failed to give any explanation.While the Court refused to grant bail to the applicant, it nonetheless directed the Trial Court to pre-pone the matter and fix short dates for recording evidence, considering the fact that the applicant had been in custody since 2024. It stated,“… this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of four months from the date of receipt of a certified copy of this order…”Case Details:Case Number: MCRC No. 8711 of 2025Case Title: Hariom Pal v. State of ChhattisgarhCitation: 2025 LiveLaw (Chh) 103Click Here To Read/Download Order

Avoid Unnecessary Adjournments, Fix Short Dates For Recording Evidence: Chhattisgarh High Court Tells Trial Courts

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Avoid Unnecessary Adjournments, Fix Short Dates For Recording Evidence: Chhattisgarh High Court Tells Trial Courts

Saahas Arora

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