Mumbai: Granting bail to a murder accused, the Bombay High Court has observed that the trial court’s apology was ‘not of any succour’ to the man who had been incarcerated for five years. It noted that the trial in the case had not commenced one and a half years after a court directive.
Justice Bharati Dangre, on December 18, granted bail to one Jahid alias Javed Liyakat Ansari, who was arrested by Rabale MIDC Police station on September 2, 2018, in a murder case. He filed bail plea through advocates Syed Asif Abbas Naqvi and Amreen Sheriff.
'Sorry state of affairs'
The HC, on December 11, had expressed displeasure over the “sorry state of affairs” as trial against Ansari had not commenced and sought explanation from the trial judge. “With a heavy heart and with great regret, I must note that the judicial system has probably forgotten about this applicant,” Justice Dangre said.
The report was submitted by Court of District Judge and Additional Sessions Judge, Belapur Amit M Shete giving a ‘number of reasons’ for the trial not concluding. It said that the accused was not produced until March 10 this year and the case was transferred to Belapur sessions court division on April 6. The case was then adjourned on eight dates during which the accused was nor produced by the Taloja jail authorities. This was brought to the notice of the presiding officer, the report added.
Trial judge's explanation over delay
The trial judge also gave a ‘long explanation’ on his efforts to deal with pending cases, as his court handles four police stations. Besides, he was also busy with remand cases under the MCOC Act, remands by the CBI and ACB, in addition to completing the time bound/expedited trials.
Trial judge tendered a sincere and unconditional apology for not Ansari’s pending trial. “The apology, in whatever manner offered to this court, in my opinion, is not of any succour to the accused before me,” Justice Dangre remarked.
“Down the line, it is the end of the year 2023, but the position has not improved at all and the trial has not moved an inch ahead,” the judge said. Since the concerned trial court was “embroiled” with several time-bound matters and was not able to take up this trial any further, Justice Dangre said that she was “left with no other option than to secure his release on bail, as he cannot be incarcerated indefinitely as an under-trial prisoner and speedy trial is recognised as part of Article 21 (right to personal liberty) of the Constitution”. “Ultimately this is the only answer, which the judicial system can offer to an accused who was not produced for so called inadvertence”.
Ansari has been granted bail on furnishing a personal bond of ₹25,000.
