Closure of evidence?

10. In the main case of Rajdeo Sharma v. State of Bihar (1998 Cri LJ 4596) (supra) the Apex Court had after referring to a number of authorities including A.R. Antulay v. R.S. Naik (1992 Cri Lj 2717) (supra) noticed that the legal position adumbrated by Court in A.R. Antulaye's case that the right to speedy trial flows under Article 21 and it encompasses the stages right from the date of registration of the F.I.R. and onwards remains unaltered. The Apex Court supplemented the proposition laid down by the Constitution Bench in Antuley's case with the following directions (Para 16 of 1998 Cri LJ 4596) :

(i) In cases where the trial is for an offence punishable with imprisonment for a period not exceeding seven years, whether the accused is in jail or not, the Court shall close the prosecution evidence on completion of a period of two years from the date of recording the plea of the accused on the charges framed whether the prosecution has examined all the witnesses or not within the said period and the Court can proceed to the next step provided by law for the trial of the case.

(ii) in such cases as mentioned above, if the accused has been in jail for a period of not less than one half of the maximum period of punishment prescribed for the offence, the trial Court shall release the accused on bail forthwith on such conditions as it deems fit.

(iii) If the offence under trial is punishable with imprisonment for a period exceeding 7 years, whether the accused is in jail or not, the Court shall close the prosecution evidence on completion of three years from the date of recording the plea of the accused on the charge framed, whether the prosecution has examined all the witnesses or not within the said period and the Court can proceed to the next step provided by law for the trial of the case, unless for very exceptional reasons to be recorded and in the interest of justice the Court considers it necessary to grant further time to the prosecution to adduce evidence beyond the aforesaid time-limit.

(iv) But if the inability for completing the prosecution within the aforesaid period is attributable to the conduct of the accused in protracting the trial, no Court is obliged to close the prosecution evidence within the aforesaid period in any of the cases covered by Clauses (i) to (iii).

(v) Where the trial has been stayed by orders of the Court or by operation of law, such time during which the stay was in force shall be excluded from the aforesaid period for closing the prosecution evidence. The above directions will be in addition to and without prejudice to the directions issued by this Court in "Common Cause" A Registered Society v. Union of India (1996 Cri LJ 2380) as modified by the same Bench through the order reported in "Common Cause" A Registered Society v. Union of India (1997 Cri LJ 195).

In Rajdeo Sharma v. State of Bihar (2) (1999 Cri LJ 4541) the Central Bureau of Investigation had approached the Apex Court for clarification on the above directions by contending: (1) that the said directions were only prospective, and (2) that the time taken by the Court on account of its inability to carry on day to day trial due to pressure of work be excluded. The Apex Court has clarified by reiterating that no fixed outer time limit for conclusion of all criminal proceedings in a case has been fixed by them, nor the Apex Court has gone counter to the decisions of the Constitution Benches in A.R. Antulay v. R.S. Naik (supra) and Kartar Singh v. State of Punjab, . In view of this, it is necessary to make reference to the main judgment in Rajdeo Sharma v. State of Bihar wherein there is discussion by the Apex Court in respect of the case of A.R. Antulay v. R.S. Naik (supra) and Kartar Singh v. State of Punjab (supra). The Apex Court noted down the observations made in A.R. Antulay v. R.S. Naik (1992 Cri LJ 2717) (supra), in paragraphs 85 and 86 of the judgment of A.R. Antulay v. R.S. Naik. In A.R. Antulay v. R. S. Naik Constitution Bench of the Apex Court had recalled the observations made in Champalal Punjaji Shah, wherein it was observed (Para 55 of 1992 Cri LJ