The Supreme Court has mandated the Bombay High Court and the Maharashtra government to develop a mechanism ensuring the consistent presence of accused persons at trial hearings, addressing prolonged delays in criminal proceedings.
During a hearing on an appeal against a Bombay High Court order that denied bail to an accused, the apex court described the situation as a “sorry state of affairs.” The trial had been excessively delayed due to the frequent non-appearance of the accused, either physically or virtually.
Justices B R Gavai and K V Viswanathan highlighted the issue, stating that this was not an isolated incident but a recurring problem across many cases. “We direct the registrar general of the high court of judicature at Bombay, secretary, Home, state of Maharashtra, and secretary, Law and Justice, state of Maharashtra to sit together and evolve a mechanism to ensure that the accused are produced before the trial judge either physically or virtually on every date and the trial is not permitted to be prolonged on the ground of non-production of the accused persons,” the bench declared.
The Supreme Court’s order, issued on December 18, pointed out that in the last six years, the accused had been absent for most of the 102 scheduled court dates. The justices expressed deep concern over the implications of such delays, stating, “If an accused is incarcerated for a period of approximately five years without even the framing of charges, it would not only affect the right to a speedy trial but also amount to imposing a sentence without trial.”
This prolonged delay undermines not only the rights of the accused but also those of the victims, the court noted.
The Supreme Court reversed the high court’s decision, granting bail to the appellant on a bond of Rs 50,000 with sureties. It also directed the appellant to regularly appear before the special judge on every scheduled date.
