Read Time: 06 minutes

Synopsis

The Supreme Court has said there has to be a practice of immediately calling for the soft copies of the record from the High Court and the Trial Court, uploading those on the system; and sharing it with the counsel of the parties, as soon as leave is granted in a matter in order to avoid any delay in hearing.

"We find that in a large number of appeals unless there is an order of the court to that effect, the record is not being called for and, therefore, hearing of the appeals get delayed," a bench of Justices Abhay S Oka and Ujjal Bhuyan said.

The bench was hearing an appeal filed challenging the order of conviction in a murder case in which, the prayer for bail has been rejected by this court.

It noted in these appeals, leave was granted in August, 2023, but the Registry has not called for the record of trial court.

"As all the depositions are not on record, we are forced to adjourn the case. Therefore, it will be appropriate if the Registrar (Judicial) seeks appropriate administrative directions from the Chief Justice of India so that the Registry will call for the soft copies of the record of the High Court and the Trial Court immediately after leave is granted in such cases," the bench said.

In the appeals, the court directed the Registry to immediately call for the soft copies of the record of the High Court and the Trial Court and provide it to the counsel representing the parties. 

"We direct the counsel appearing for the appellant to place on record a compilation of notes of evidence of all the witnesses along with other relevant exhibited documents on the record of the Trial Court," the bench said.

The court directed for sending a copy of the order to the Registrar (Judicial).

It posted the matter for hearing on April 3.

The court on October 9, 2023 declined the bail to the appellants.

The First Information Report was registered on June 25, 2007. 

On March 17, 2023, the Calcutta High Court had upheld the Nadia's Fast Track Court order holding 10 people guilty in a case of murder and sentence of life term.

The division bench pointed out the post-mortem doctor noted seventeen injuries on the body of the victim. The appellants are ten in number. Given the nature of injuries and the materials established at the trial and also the history of property disputes, it cannot be said that the appellants did not act in furtherance of the common intention of murder.

"All the appellants were established to be participating in the assault on the victim. There was animosity between the appellants and the victim and his family members. There is nothing on record to suggest even remotely that any of the appellants withdrew himself from the congregation assaulting the victim," the bench had said.