ON Criminal Misc
Petition No 284 of 1984 in Special Leave Petn
Crl No 3000 of 1983
KL Sharma KK Mohan and Mrs Geetanjali Mohan for the Petitioner
KG Bhagat Additional Solicitor General RD Agarwal and RN Poddar for the Respondent
The order of the Court was delivered by CHINNAPPA REDDY
By an order dated December 2 1983 this court while dismissing a petition for special leave to appeal filed 439 against an order of the Delhi High Court refusing to grant bail to the petitioner until after examination of Rani Chaudhary as a witness gave a direction that on the commencement of the trial it should proceed from day to day
Alleging that his two Advocates are not prepared to appear in the case from day to day as the trial is likely to be prolonged the petitioner has filed the present application for modification of the earlier order of this court by the deletion of the direction that the trial should proceed from day to day
We think it is an entirely wholesome practice for the trial to go on from day to day
It is must expedient that the trial before the court of a Session should proceed and be dealt with continuously from its inception to its finish
Not only will it result in expedition it will also result in the elimination of manoeuvre and mischief
It will be in the interest of both the prosecution and the defence that the trial proceeds from day to day
It is necessary to realise that Sessions cases must not be tried piecemeal
Before commencing a trial a Sessions Judge must satisfy himself that all necessary evidence is available If it is not he may postpone the case but only on the strongest possible ground and for the shortest possible period
Once the trial commences he should except for a very pressing reason which makes an adjournment inevitable proceed de die in diem until the trial is concluded
We are unable to appreciate the difficulty said to be experienced by the petitioner
It is stated that his Advocate is finding it difficult to attend the court from day to day
It is the duty of every Advocate who accepts the brief in a criminal case to attend the trial from day today
We cannot over stress the duty of the Advocate to attend to the trial from day to day
Having accepted the brief he will be committing a breach of his professional duty if he so fails to attend
The Criminal Miscellaneous Petition is therefore dismissed
HSK Petition dismissed


Summary:
The petitioner sought modification of the Court s order that the trial should proceed from day to day on the ground that his advocates were not prepared to appear in the case from day to day as the trial was likely to be prolonged
Dismissing the petition  HELD It will be in the interest of both the prosecution and the defence that the trial proceeds from day to day
Before commencing a trial a Sessions Judge must satisfy himself that all necessary evidence is available
If it is not he may postpone the case but only on the strongest possible ground and for the shortest possible period
Once the trial commences he should except for a very pressing reason which makes an adjournment inevitable proceed de die in diem until the trial is concluded
439C D It is the duty of every advocate who accepts the brief in a criminal case to attend the trial from day to day
Having accepted the brief he will be committing a breach of his professional duty if he so fails to attend
439 E F