The Bombay High Court in the case Jahid alias Javed Liyakat Ansari v. State of Maharashtra observed and seek an explanation from the District Judge, Thane and the District Judge and Additional Sessions Judge, Belapur for the prolonged delay in trial in a murder case in which the accused has been in custody for the past 5 years without framing of charges.
The bench headed by Justice Bharati Dangre in the case observed and has expressed dismay over the prolonged delay wherein the court stated that it is time to fix accountability on individuals as the undertrial deserves an answer.
The court stated that at some or the other time, the system must fix an accountability on individuals, rather than talking about the delays in the process on account of huge pendency.
Therefore, the court stated that the accused, who is incarcerated as an under-trial prisoner for last five years, definitely deserve an answer.
In the present case, the court was dealing with a bail application filed by the accused on the grounds of prolonged incarceration and both the judges are required to submit their explanations by December 18, 2023.
The court observed that on July 6, 2022, the accused withdrew his previous bail application after the court expressed its disinclination to entertain it.
The court in the case noted that that due to the pandemic-related disruptions, the trial failed to progress, the High Court urged the trial court to initiate and conclude the proceedings within a year with the provision for the accused to seek bail if the trial did not commence within the stipulated period.
The court observed that six months beyond the stipulated period, not only has the trial not concluded, but the charges have also not been framed.
The bench of Justice Dangre in the case observed and has expressed the regret over the apparent negligence and sorry state of affairs in the judicial system.
The court stated that with a heavy heart and with great regret, this court must note that the judicial system has probably forgotten about this Applicant, as he has not been produced before the Court and despite his arrest some five years back, the Court has not even bothered to frame the charge and the aforesaid situation definitely depict a sorry state of affairs, when time and again it has been warned by the Apex Court about the right of an accused and specifically right to have speedy trial.
Earlier, the case at Thane Sessions court, has now been transferred to the Court of District Judge and Additional Sessions Judge in Belapur and the response which is certainly expected from the Belapur Court, would be the sessions case is transferred to it lately and earlier it was with the Thane court. Thane Court, would now raise its hands, by submitting that the said Court is not in seisin of the trial and it is transferred to the Belapur Court.
The court while considering the facts and circumstances of the case observed and has refrained from releasing the applicant on bail due to the extended incarceration, instead seeking an explanation for the delay in framing charges and the dates on which the accused was not produced before the court.
Accordingly, the court listed the matter for further consideration on December 18, 2023.
