The Punjab and Haryana High Court has ordered an inquiry into the conduct of police officials in Moga after they repeatedly failed to appear as prosecution witnesses before a trial court in a case involving allegations of firing at a police party. Among other things, the Bench observed that such absence was delaying criminal trials and created grounds for accused persons to seek bail on account of prolonged incarceration.
The direction came as Justice Sanjay Vashisth granted regular bail to an accused in custody since August 29, 2024, in the case registered at City-1 police station in Moga under the provisions of the Arms Act and BNS.
Expressing concern over the failure of police officials to attend court despite repeated opportunities, the Bench observed: “The present case is yet another example reflecting the conduct of official witnesses (police officials), who despite repeated opportunities and notices, are not appearing before the trial Court, thereby causing delay in conclusion of trial and creating a situation where the accused finds ground to seek concession of bail on account of prolonged incarceration.”
The court, during the course of hearing, was told that none of the official prosecution witnesses stepped into the witness box despite 13 opportunities granted by the trial court. The State counsel, on the other hand, submitted that the petitioner was involved in two other criminal cases. “Being a habitual offender, he does not deserve concession of regular bail,” the State counsel added.
After hearing rival contentions and going through the documents, Justice Vashisth observed the State counsel was unable to furnish satisfactory explanation regarding non-appearance of the official prosecution witnesses despite grant of 13 consecutive opportunities.
“The conduct of the police officials concerned, who have repeatedly failed to appear before the trial Court, deserves to be examined by the Senior Superintendent of Police, Moga,” Justice Vashisth further observed.
Granting bail, the court observed the petitioner’s incarceration could not be prolonged indefinitely. He had remained in jail since August 29, 2024, and the trial had not progressed for reasons not attributable to him. Accordingly, without commenting upon the merits of the case, this Court is of the considered view that further detention of the petitioner inside the jail would not serve any useful purpose,” the Bench observed.
Before parting with the matter, Justice Vashisth directed scrutiny of the officials’ conduct. “Let a copy of this order be forwarded to the Senior Superintendent of Police, Moga, for holding an inquiry into the conduct of the concerned police officials. In case any official is found at fault, appropriate action be taken against such police official(s) in accordance with law,” the court ordered.
The High Court further directed that the decision taken by the Senior Superintendent of Police be apprised to the court before the next date of hearing. For that limited purpose, the matter was directed to be listed on July 31.
