4 Years in Jail, No Charges Filed: Supreme Court Calls Out Maharashtra for Failure to Act

Expressing strong displeasure, the Court criticized the State for blaming co-accused for the delay in trial while failing to secure their presence before the trial court.

The Bench of Justice Ahsanuddin Amanullah and Justice Prashant Kumar Mishra noted that the co-accused; cited as the reason for the delay, were out on bail, while the petitioner remained behind bars since 2020.

Advocate Sana Raees Khan appeared for the petitioner.

The Court said the authorities’ justification “makes no sense” when the prosecution had not taken steps to cancel the bail of absconding co-accused or ensure progress in the trial.

“The chargesheet was filed in 2022. Yet, the trial has not moved an inch. We fail to understand why the State did not act to secure the presence of the co-accused. The Superintendent of Police concerned must explain why such a situation has been allowed to arise,” the Bench observed.

Directing the Superintendent of Police to file an explanation, the Court also sought a report from the trial court on why it failed to ensure the attendance of co-accused despite one of them being in continuous incarceration.

“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,” the bench ordered.

In a sharp remark, the Court tentatively suspected collusion between the prosecution and the accused, observing, “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.”

The Bench warned that it would take a strict view if the explanations submitted by the authorities are unsatisfactory. The matter will be heard next on December 2.