IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.26998 of 2011 Sujeet Kumar Sinha @ Sujeet Kumar Versus The State Of Bihar ---------------------------------- 2 17.8.2011 Heard Sri Ashok Kumar Kashyap, learned counsel appearing on behalf of the petitioner on the renewal prayer which was rejected firstly on 29.1.2009 by order passed in Cr.Misc. No.52201 of 2008, and again it was dismissed by order passed in Cr.Misc. No.32688 of 2010. However, the grievance of the petitioner is that in spite of his being in custody for such a long period and dismissal of his prayer for bail his trial is not being concluded though a direction for the same was given to the learned Sessions Judge by this Court and only one witness has been produced by the prosecution on 23.8.2010. There are certain obligations on this Court for giving direction to the trial court for imparting justice and as such I want to advise the learned trial court to ensure that the documents which are necessary to be produced by the prosecution in respect of the embezzlement of Rs.1,06,00,689.79 are obtained from the concerned department without any further loss of time. This could be done by using power of the court under Section 163 of the Evidence Act so that the trial could be concluded expeditiously in the case of present nature.In a case of present nature charges could be proved only by production of documentary evidence and it may not be prudent for the trial court to examine witnesses. As soon as the documents have been produced , they may be received or induced by only examining the 2 person who produced it or by applying the provisions of Sections 35, 72 etc. of Evidence Act so that the trial is concluded and judgment is delivered in time. I believe that the learned trial judge could simply look into the documents to judge the fact and to deliver justice. At any rate, the learned trial Judge shall conclude the trial within one year of the present order. The time frame has been fixed under the expectation that the court below shall proceed to dispose of the case and render justice to the petitioner within that period. If the trial is not concluded within the above time frame fixed by this Court, the petitioner shall be free to approach this court with the renewal prayer This petition is dismissed. AnilKrSinha (Dharnidhar Jha,J.)