摘要:Speedy trial is the essence of criminal justice and delay constitutes denial of it. While on one hand, reasonably expeditious trial is an integral and essential part of the fundamental right to life and liberty enshrined in Article 21 of the Constitution of India. The public interest also demands that criminal justice should be swift and sure. The guilty should be punished while events are still fresh in public mind and that the innocent should be absolved as early as is consistent with a fair and impartial trial. Section 309 of the Code of Criminal Procedure (in short “the Code”) mandates that in every trial the proceedings should be held as expeditiously as possible, and in particular when the examination of witnesses has once begun, the same should be continued from day to day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same by the following day to be necessary for reason to be recorded.
关键词:service of summons;issue commission for examination;adjournment powers;manifestation of fair;just and reasonable;requisite sensitivity on the part of the judge