'Sorry State Of Affairs That System Has Forgotten Applicant': Bombay HC Seeks Explanation On Accused Held For 5 Yrs Without Framing Charges

The Bombay High Court on Monday sought 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.

Justice Bharati Dangre expressing dismay over the prolonged delay said that it is time to fix accountability on individuals as the undertrial deserves an answer.

“…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. An accused, who is incarcerated as an under-trial prisoner for last five years, definitely deserve an answer”, the court said.

The court was dealing with a bail application filed by the accused on the grounds of prolonged incarceration. Both judges are required to submit their explanations by December 18, 2023.

On July 6, 2022, the accused withdrew his previous bail application after the court expressed its disinclination to entertain it. However, noting that due to the pandemic-related disruptions, the trial failed to progress, the HC 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.

Six months beyond the stipulated period, not only has the trial not concluded, but the charges have also not been framed, the court noted. Justice Dangre expressed regret over the apparent negligence and sorry state of affairs in the judicial system.

“With a heavy heart and with great regret, I 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…The aforesaid situation defnitely depict a sorry state of affairs, when time and again the Apex Court has warned about the right of an accused and specifically right to have speedy trial”, the court said.

The case, earlier at Thane Sessions court, has now been transferred to the Court of District Judge and Additional Sessions Judge in Belapur. “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 remarked.

The court 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.

The case is scheduled to be listed for further proceedings on December 18, 2023, at 2:30 p.m.

Advocates Syed Asif Abbas Naqvi and Amreen Sheriff represented the Applicant.

APP SR Agarkar represented the State. 

Case no. – Criminal Bail Application No.2244 of 2023

Case Title – Jahid alias Javed Liyakat Ansari v. State of Maharashtra