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The Court was of the opinion that, "the judicial system is also answerable to the accused who are incarcerated, though no serious charges and what is bare minimum expect from this system is a fair and speedy trial”.
A single judge bench of Justice Bharathi Dangre of the Bombay High Court while hearing a medical bail application noted, that more than 4 years have expired and the trial is proceeding at a snail’s pace.
The matter came up before the court when a bail application was filed by an accused for the second time. This application was filed after the accused was given the liberty to approach the court for bail if the charges are not framed and the trial has not commenced within six months.
NCB's counsel for the respondent placed before the court the sequence of events that have taken place after the orders of the high court.
The court noting the status in the sequence of events placed before it, held, that the applicant has been incarcerated since February 2018 and the chart depicts sorrow state of affairs. Further, the court went on to note that:
“Speedy justice being identified as an integral part of Article 21 of the Constitution of India, the judicial system is also answerable to the accused who are incarcerated, though no serious charges and what is bare minimum expect from this system is a fair and speedy trial”
The court in its order called upon the Addl. Sessions Judges, City Civil and Sessions Court, Mumbai, and directed him to explain why such leniency was given to the prosecution or the accused who had filed the present medical bail application.
Further, the Trial Court was also asked to submit the number of NDPS cases pending before it, along with the year since when they are pending. The learned judge was directed to file the number of High Court and Supreme Court expedited trials that are pending before the Court within 2 weeks.
The matter is to be taken up on 19.09.2022 again.
Case Title: Abdul Nasir Bhai Miya Shaikh Vs State of Maharashtra
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