Barkat Ali Zaidi - (1.) -By this transfer application, the accused in the abovenoted Sessions Trial wants their case transferred from Agra to some other district and the reason given is three fold : (i) that short dates were given by the trial Judge on application moved on three occasions by the counsel for the accused on the ground that his wife was unwell ; (ii) that certain members of bar and some prosecution witnesses are exerting pressure on the Court to pronounce against the accused ; (iii) that when the counsel for the State had earlier moved an application for adjournment no costs was awarded by the trial Judge while on the application for adjournment by the counsel for the accused, Rs. 200 were awarded as costs.
(2.) HEARD Sri Akhilesh Srivastava, advocate for the applicant and Mohd. Israil Siddiqui, Addl. Government Advocate, for the State. As regards ground No. 1 that short dates were given by the trial Judge while the wife of the counsel was unwell, it is to be noted, that the trial Judge had been asked by the High Court to decide the case within two months which had already expired, and that is why, the trial Judge was trying to decide the case as soon as possible which led him to give short dates, and the trial Judge cannot, therefore, be faulted for this reason. As regards the ground that certain members of the Bar and prosecution witnesses are exerting pressure on the Judge, to convict the accused, it will be seen that it is a vague allegation and no names have been mentioned as to who is exerting pressure on the Judge. There is no mention in the transfer application that the Judge is likely to succumb to such influence. This ground has no validity.
(3.) AS regards, the ground that on the application by the counsel for the State, no costs was awarded, while the costs was awarded on the request for adjournment by the counsel for the accused, it will be seen that it would be in the discretion of the Court to award costs. It has also to be noticed that two more adjournments were taken by the accused on the same ground, but no costs was awarded by the trial Judge. This cannot, therefore, be considered a ground for transfer. In the result, the transfer application has no merit and is accordingly rejected.;