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2004 DIGILAW 1764 (SC)

Rajiv Ranjan Singh v. State of Bihar

2004-12-13

K.G.BALAKRISHNAN, TARUN CHATTERJEE

body2004
ORDER : 1. Leave granted. Heard learned counsel for the appellant and the learned counsel for the State. 2. The appellant is involved in a criminal case along with two others. The charge against the appellant is under Sections 302/34 IPC. The final report has been filed and trial is pending before the Additional Sessions Court at Arra in Bhojpur district. The appellant alleges that this criminal case relates to the alleged murder of a person who was son of the then President of the Bar Association at Arra and the incident had happened within the court premises. The appellant alleges that he is not able to get the assistance of a lawyer for defending the case and one lawyer who was engaged later withdrew from conducting the trial and the appellant is put in serious prejudice because of the non-cooperation of the lawyers at Arra. It is also submitted that the Bar Association at Arra has passed a resolution to the effect that the members of the Association shall not render any legal assistance to the appellant herein. 3. The counsel for the State submits that the Bar Association had later withdrawn the resolution they had passed and at present the members of the Bar are prepared to render assistance and the appellant had not pleaded the fact before the High Court that he was unable to get assistance of a lawyer at Arra. 4. We have heard learned counsel for the informant and also the counsel for the third accused. 5. We are informed that the second accused is absconding and the trial is split up. The third accused, though was absconding, later surrendered before the court and his trial is also split up due to his absence. 6. It appears that the appellant is not likely to get proper legal assistance if the trial is conducted at the Sessions Court at Arra. Having regard to the entire aspects of the case, in order to render proper justice between the parties, we feel that Sessions Case No. 365 of 2002 pending before the Additional Sessions Judge, Arra, be transferred to Patna. The entire records of this ease be sent to the Sessions Court, Patna. The Sessions Judge may try the ease for himself or assign the case to any other competent court having jurisdiction for the trial of the case. 7. The entire records of this ease be sent to the Sessions Court, Patna. The Sessions Judge may try the ease for himself or assign the case to any other competent court having jurisdiction for the trial of the case. 7. The third accused, whose case is split up, submits before us that he would also like to have the trial before the Sessions Court at Patna. The trial of sessions case in respect of A-3 shall also be transferred to the Sessions Court at Patna. The Sessions Judge, Ana shall give appropriate direction to these accused persons to appear before the Sessions Court at Patna, and the Sessions Judge on receipt of the records, if finds possible that there could be a single trial in respect of A-l and A-3. he may do it accordingly. 8. The appeal is disposed of accordingly.