- (1.)HEARD the learned Counsel for the applicants and respondent. In all these cases, the preliminary contentions are being disposed of by a common order.
(2.)THE learned Counsel for the applicants raised the contention that the matter needs to be remanded back to the Session Judge without going into the merits on account of two reasons (i) inordinate delay in delivering the impugned order and (ii) non-consideration of the arguments said to have been advanced before the Session Judge while refusing to pass the order of discharge of the accused.
I am, therefore, to decide as to whether there is a need to remand the case to the Session Judge.

Shri Thali, learned Counsel for the applicant contends that the arguments for discharge of the accused/ applicant, were heard by the learned Session Judge on 16.11.2007 and he passed the order on 25.06.2008. This order was certainly passed after more than 7 months after the arguments were heard. Shri Thali submits that the order is vitiated and is bad in law due to delay alone. He contended that the Judge is expected to deliver the order or judgment within a reasonable time and if there is delay on his part in rendering the order, the same is bad. Need to deliver the judgment within reasonable time has always been emphasized not only by the Supreme Court, but even by the High Court. There may be cases where the Supreme Court may have held the order or judgment to be bad where there is delay on the part of the judge in delivering the judgment. The learned Counsel for the applicant has cited before me the decision in the case of Anil Rai Versus State of Bihar reported in (2001) 7 SCC 318. The Supreme Court has given directions to all the Courts including the High Courts with regard to the time to be taken for delivering the judgment, but in this particular decision, the Supreme Court has not held that the judgment becomes bad in law due to delay. In the decision rendered by this Court in the case of Shri Pradeep K.R.Sangodker Versus State of Goa reported in 2006 (2) Goa L.R. 343, guidelines have been issued to subordinate Courts and other authorities with regard to the time for delivery of judgment. This decision no where says that the judgment becomes bad due to delay.

(3.)WE have to see whether the order rejecting the prayer for discharge, delivered after a long gap of time, can be treated as bad in law.
In the instant case, it appears that no separate application was preferred by the accused for discharging bail. It seems that the arguments were advanced at the stage of framing of the charge. It would be necessary to reproduce here Sections 227 and 228 of the Criminal Procedure Code.

"Section 227 - Discharge - If, upon consideration of the record of the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, th Judge considers that there is not sufficient ground for proceeding against the accused,he shall discharge the accused and record his reasons for so doing."

"Section 228 - Framing of Charge - (i) If, after such consideration and hearing as aforesaid, the Judge is of opinion that there is ground for presuming that the accused has committed an offence which - (a) is not exclusively triable by the Court of Session, he may, frame a charge against the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate, or any other Judicial Magistrate of the first class and direct the accused to appear before the Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class, on such date as he deems fit, and thereupon such Magistrate shall try the offence in accordance with the procedure for the trial of warrant-cases instituted on a police report; (b) is exclusively triable by the Court, he shall frame in writing a charge against the accused. (2) Where the Judge frames any charge under clause (b) of sub-section (1), the charge shall be read and explained to the accused and the accused shall be asked whether he pleads guilty of the offence charged or claims to be tried."