Mumbai Court Acquits Absconding Man In 1989 Dacoity Case After Trial In Absentia Under BNSS

Mumbai, September 12, 2026: The special court on Thursday acquitted an absconding man booked in 1989 for dacoity after conducting his trial under the provisions for trial in absentia. The same judge has so far closed several cases after conducting trial even when the accused are still wanted. The same judge is now going to hear the prosecution's plea to conduct the trial against absconding accused in the 26/11 terror attack case in their absence.

Cases From Past Decades Reopened

Special judge Satyanarayan Navander has so far disposed of several cases registered in the 90s and 80s and pending before the court as the accused were absconding. In what is said to be the first of the cases he had, in December last year, acquitted Rajendra Giri, resident of Sakinaka, for having looted a house with valuables worth Rs 3.80 lakh at gunpoint on March 31, 1992.

Similarly, in many such cases, the court appointed a lawyer to defend the absconding accused who had been declared as proclaimed offenders, from the panel of legal aid lawyers to conduct the trial in their absence.

Trial In Absentia Under BNSS

Special judge Navander had in his judgment dated December 18, 2025, said, “as per section 356 of BNSS (deals with proceedings against proclaimed offender) when a person is declared as a proclaimed offender and it is found that, he has absconded to evade trial, and there is no immediate prospect of arresting him, he can be tried as if he is present. The provision of trial in absentia has been thus provided by BNSS, provided the accused is defended by a competent lawyer.”

After Navander, now other courts have also initiated the process to conduct the trial in the cases which are pending because of the absence of the accused. Special judge A. S. Wairagade, dealing with cases of child sexual abuse, also opened around five cases last month which were registered between 1988 to 2003, where accused are still absconding. The court has now framed charges against them to conduct trial in absence of the accused.

More Dormant Cases Taken Up

Similarly, special judge Mahesh Jadhav, too, opened dormant cases pending because the accused are absconding. The special court on September 9 acquitted resident of Thane, Jaspalsingh Chaulansingh, booked for murder charges in August 1986. The court conducted a trial against Chaulansingh while he still remains absconding. Meanwhile, the other accused in the case were acquitted in 1996.

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The special judge has so far disposed of four such cases registered between 1986 to 1988 and concluded trial against absconding accused under the provisions of Section 356 of BNSS.

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