'Shocking' : Supreme Court On Maharashtra Court Not Framing Charge Against Undertrial For 4 Yrs Citing Absence Of Co-Accused

In the case of an accused who has been in jail since 4 years without framing of charges, the Supreme Court recently expressed strong displeasure with Maharashtra authorities for taking a stand that the delay in trial was on account of co-accused's dilatory tactics.

The Court called out the authorities for not being able to secure presence of the co-accused before the trial court, despite citing their dilatory tactics as the reason for delay. It noted that these co-accused were out on bail, while the petitioner-accused continues to remain in jail, allegedly due to their absence from trial.

Noting that the chargesheet in the case was filed in the year 2022, a bench of Justices Ahsanuddin Amanullah and PK Mishra called for an explanation from the concerned Superintendent of Police as to why such a situation arose and why the prosecution did not move any application for cancellation of bail of the co-accused in order to ensure that the trial proceeded expeditiously.

The bench also asked the trial court to file a report. "Further, we feel that the Trial Court should also submit a report as to why it has not ensured that the co-accused, who are out on bail, appear, for the trial to proceed keeping in mind the fact that one of the accused, who is the petitioner before this Court, is in incarceration for four years."

Shocked at the delay occasioned and the state's stand thereon, the bench also tentatively suspected collusion between the prosecution and the accused.

"it transpires that the prosecution has not filed any application for cancellation of bail of the other co-accused, who are out on bail and who are blamed to be the reason why even charges could not be framed. Tentatively, we feel that there is collusion between the prosecution and the accused."

While directing the above, it made clear that it may take a strict view if the explanations are not found to be satisfactory. The matter is next listed on December 2.

Case Title: SHASHI ALIAS SHAHI CHIKNA VIVEKANAND JURMANI VERSUS STATE OF MAHARASHTRA, SLP(Crl) No. 12690/2025

For Petitioner(s): Ms. Sana Raees Khan, Adv., Ms. Smiti Verma, Adv., Mr. Pranay Shridhar Chitale, AOR, Mr. Samyak Jain, Adv., Mr. Aditya Dutta, Adv.

For Respondent(s): Mr. Raman Yadav, Adv., Mr. Siddharth Dharmadhikari, Adv., Mr. Aaditya Aniruddha Pande, AOR, Mr. Shrirang B. Varma, Adv.

Click here to read order

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