IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36889 of 2008 PRASADI PASWAN @ RAM PRASAD PASWAN Versus STATE OF BIHAR ----------- 4. 30.1.2009 Perused the letter no.54 dated 23.1.2009 of the Presiding Officer, Fast Track Court No. 5, Gaya, who by his earlier letter bearing No. 762 dated 12.11.2008 had assured this Court that he could be disposing of Sessions Trial No. 152 of 2004 within two months of that letter. Now, the learned Judge has reported that accused Lalan Sharma has filed a petition that he was in Beur Jail, Patna and his production was a must before arguments could be heard or concluded. The learned Judge has reported that the counsel of the accused in spite of being ordered to furnish details of the accused has not been doing it and, as such, he is feeling difficulty in hearing arguments. Criminal trial could not be put down in a Strait-jacket. Most part of the criminal trial is dependent upon imagination of the Judge as to how he deals with or tackles the 2 situation which could arise in the trial before him during its hearing. Sometimes, application of ones common sense could also lead a Judge to some way out so as to getting to the desired stage of the trial. The accused must not have been shifted from Gaya Central Jail without details furnished to the Superintendent of the said Jail by his counterpart of Beur Jail as to in which case accused Lalan Sharma was required to be produced and before which court. If the accused could not furnish details, the learned Judge ought to have asked furnishing of details by production of proper document by the Superintendent of Central Jail, Gaya. This is not the duty of this Court to ponder over the situation and lead the Judge to do what he is required to do. But, sometimes, the Judge might be finding himself in turmoil, as was pointed out by learned Senior Counsel Shri Tara Kant Jha, whose assistance the Court has taken in this matter. He was placing the difficulty which the Judge could be facing also and, as such, it was contended that this Court should not jump to any 3 drastic inference or draw such conclusion against the Presiding Judge. I am thankful to Shri Jha, the learned Senior Counsel for giving such a nice assistance in dealing with the situation reported by the learned Judge. Accordingly, I could direct the learned Judge to direct the Superintendent of Central Jail, Gaya, to produce all documents which he could have received from Beur Jail, seeking production of the said accused from that Jail in connection with any pending case or in any other matter which could have necessitated it. I could point out to the learned Judge that many worries elements which may appear once again before him in getting the accused produced. If the learned Judge notices that the reasons were not genuinely explained or were flimsy then he could consult the provision of Section 228 of the Penal Code for drawing an inference that the whole exercise would be for causing disruption in the judicial proceeding which is being presided over by a Judge who is definitely a public servant and, accordingly, he could file a complaint after issuing 4 notice to show cause upon the Superintendents of both the Jails and direct immediate production of the accused on any desired date. The Court believes, this course could take some time and, as such, gives three months time more to the court for concluding the trial which could be reckoned from the date of receipt of a copy of the present order by the Fast Track Court No.5, Gaya. The office of the Court shall ensure the transmission of the order to the above noted court by some faster means of transmission. Kanth ( Dharnidhar Jha, J.)