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Synopsis

The Bombay High Court recently granted bail to a man, noting the "shocking state of affairs" due to the absence of framed charges in the case, even after 5 years since the registration of the FIR and 4 years since the date of arrest.

“The shocking state of affairs would reveal that down the line four years from his arrest and almost five years from the date of registration of the C.R. dated 16/12/2018, charge is not yet framed,” the bench noted.

The single-judge bench of the High Court, led by Justice Bharathi Dangre was hearing the second bail application of a man accused of assaulting and causing grievous injuries using a scythe.

The charges included a Crushed and Lacerated Wound (CLW) over the left parietal region, a Crushed and Lacerated Wound (CLW) over the left ear and trauma over the right arm.

The man was booked under the Indian Penal Code and Maharashtra Police Act.

Justice Dangre had previously rejected the bail application, citing the significant role played by the applicant in the offence.

While the other four accused were granted bail, the Additional Public Prosecutor informed the bench that around 20 more witnesses needed to be examined, and the conclusion of the trial in the near future seemed remotely possible.

The high court noted that the highest court of the state would intervene if the fundamental right to a speedy trial is violated.

“The applicant has a right to fair trial and if this fundamental right which is inherently possessed by him, being a citizen of this country is being violated, the highest Court of the State, must definitely intervene” the order reads.

The bench was informed that the applicant had criminal antecedents, and he had been acquitted in two of the FIRs registered against him.

Therefore, the applicant assured the bench that he would continue to reside within the jurisdiction of Hingoli Gramin police station and would not enter the jurisdiction of Chinchwad police station until the conclusion of the trial.

Case title: Ajey Kamble vs State of Maharashtra