SURAT LALL CHOWDHRY Vs. EMPEROR

JUDGEMENT

(1.) The appellants in this case have been convicted of dacoity under Section 395 of the Indian Penal Code and have been sentenced to various terms of imprisonment and amounts of fine.

(2.) The appeal was admitted on the ground that there appeared to have been a non-compliance on the part of the Sessions Judge with the provisions of Sub-Section (8) of Section 526 of the Criminal Procedure Code, inasmuch as before the commencement of the trial the appellants, who then occupied the position of accused persons, notified to the Court of Session their intention to make an application for the transfer of the case under the provisions of Section 526 and applied to the Court to exercise its powers of postponement in order to afford them a reasonable time for the application being made and an order being made thereon, and the Court refused to exercise these powers. The learned Sessions Judge was called upon for an explanation with reference to the allegations made in the petition of appeal with regard to H this matter, and it appears from the explanation which he has submitted, that in fact an application was made by the appellants on the 18th July 1901, which was the date fixed for the trial, for the postponement of the case, amongst other reasons, to enable the appellants to apply to this Court for the transfer of the case. The learned Sessions Judge says that he did not think it proper to postpone the trial at such a stage, as a large number of witnesses were in attendance and a postponement would have caused inconvenience to the Court and to the public and expense to the Government. The learned Judge observes that, if the appellants really wished to move the High Court, they had ample time to do so. As we understand, he refers to the time preceding the date on which the application was made.

(3.) It is contended for the appellants that under the provisions of Sub-Section (8) of Section 526 the Court had no option to grant or to refuse postponement, but was bound to postpone the case for a reasonable time. In support of that contention the case of Queen-Empress V. Gayitri Prosunno Ghosal (1888) I. L. R. 15 Calc. 455. has been cited. We think that there is no doubt that the learned Sessions Judge was bound to grant the application for postponement for a reasonable time.