@JUDGMENTTAG-ORDER
1. The Special Judge-VII, Ranchi was directed to submit an explanation for non-examination of the witnesses for 20 dates in R.C. 33(A)/96-Patna vide order dated 31st October, 2012. The learned Special Judge-VII, Ranchi has submitted explanation dated 24th November, 2012.
2. We perused the reasons stated in the explanation submitted by learned Special Judge-VII, Ranchi. We are of the considered opinion that one after another applications have been filed but those could have been decided in time, but have not been decided in time. Even in one application, filed u/s 319 of the Cr. P.C., arguments were heard in part on 10th September, 2012 and the case was fixed to a long date on 16th October, 2012, i.e., after one month. We need not to give details of the reasons submitted by the said Special Judge-VII, C.B.I., Ranchi. But we direct the said Court to proceed expeditiously in the case strictly in accordance with law by giving fair trial to the accused.
3. The C.B.I. also submitted progress report dated 24th November, 2012 in Court.
4. We perused the report submitted by C.B.I. and found that R.C. No. 20A/96-Patna was taken up on day-today basis and now according to the report the matter reached to the argument stage and the prosecution arguments are going on since 19th October, 2012. However, one of the accused has filed two Misc. Petitions before the High Court against the orders of the Trial Court dated 4.7.2012 and 31.8.2012. Be that as it may be, we have to watch the progress in all the matters. As per report, in the case R.C. No. 47A/96-Patna, 368 prosecution witnesses have been shown in the charge-sheet. Now, the C.B.I. started finding out how many witnesses they will need to produce and how many witnesses they can drop.
5. Learned counsel for the C.B.I., submitted that said process has been now completed. Now, they have decided about the witnesses who will be examined in R.C.-47(A)/96-Patna.
6. In Case R.C.-47(A)/96-Patna, 95 prosecution witnesses are yet to be examined. We are not giving much details in the facts stated in the report because these facts will be sufficient to indicate that in the criminal case of 1996 not only voluminous documentary evidence has been produced by the C.B.I. including the documents of the volume of 31,248 number of contingent bills only in R.C. No. 48A/96-Patna and the number of witnesses we have also mentioned above.
7. In view of above situations, the Courts are required to take special care in all matters so that trial must be fair to the prosecution as well as to the accused. The C.B.I., is directed to proceed in the matter with due care as well as expeditiously to decide these matters.
8. There will be Winter Vacation, therefore, the C.B.I., may submit the progress report by 14th January, 2012. Put up this case on 14th January, 2012. Copy of this order be given to learned counsel for the petitioner, learned counsel for the C.B.I., as well as copy be sent to the Trial Courts.
