Bombay High Court Grants Bail To Murder Accused Held For 5 Years Without Framing Of Charges

The Bombay High Court, on Wednesday granted bail to an accused in a murder case citing his prolonged incarceration without the framing of charges for the past five years.

Justice Bharati Dangre while granting bail to one Javed Ansari, stated

“Though the material in the charge-sheet indicate the Applicant's active participation in the subject C.R., if the concerned Court on account of the reason that it was embroiled in several time-bound matters, was not able to take the trial of the Applicant any further, I am left with no other option than to secure his release on bail, as he cannot be incarcerated indefnitely as an under-trial prisoner and it is more than fve years, he remained incarcerated without the trial.”

Ansari filed the present bail application citing his extended period of imprisonment without trial, as the trial did not conclude within a year as order by the HC in July 2022.

On December 11, 2023, the court had noted that not only had the trial not concluded within the stipulated period, but charges had also not been framed. Justice Dangre had remarked, "With a heavy heart and with great regret, I must note that the judicial system has probably forgotten about this Applicant."

Expressing a need for fixing accountability on individuals rather than attributing delays solely to the system's huge pendency, the court had sought explanations from District & Additional Sessions Judge & Special Judge (MCOC), Thane, and the District Judge and Additional Sessions Judge, Belapur.

The District Judge, Thane, submitted a report stating that the accused had not been produced in court either before or after June 13, 2022, until March 10, 2023, when the accused was finally produced. The report highlighted that the sessions trial was transferred to Belapur on April 6, 2023, and the accused was not produced before the court on multiple occasions, including after the transfer.

The report also revealed that the trial faced eight adjournments during this period, and the accused was not produced from Taloja jail on those dates. However, this fact was not brought to the notice of the presiding officer of the court, the report stated.

The District Judge gave an explanation about efforts to manage pending cases citing a heavy workload, including handling four police stations and cases related to MCOC, CBI, and ACB. He tendered an unconditional apology for keeping Ansari's case pending due to being busy with other matters expedited by higher courts.

However, the court stated that the apology did not provide relief to the accused incarcerated since September 2, 2018. “The apology, in whatever manner offered to this Court, in my opinion, is not of any succour to the Accused before me, who is incarcerated since 02/09/2018”, Justice Dangre said.

In light of the apparent neglect of the accused's case, Justice Dangre granted bail on a PR bond of Rs. 25,000. The court cited the constitutional duty to ensure liberty and the accused's right to a speedy trial under Article 21 of the Constitution.

Advocates Syed Asif Abbas Naqvi, Amreen Sheriff and Sana Lakhani represented the Applicant.

APP SR Agarkar represented the State.

Case no. – Criminal Bail Application No.2244 of 2023

Case Title – Jahid alias Javed Liyakat Ansari v. State of Maharashtra

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