Bombay High Court Takes Suo Moto Cognizance Of Non-Production Of Undertrials, Directs State To Utilize Budget For VC Facilities Before March 31

The Bombay High Court on Wednesday took suo moto cognizance of the issue of non-production of the undertrial prisoners before the appropriate courts at various stages. 

Justice Bharati Dangre was dealing with a bail application by one Tribhuvansingh Raghunath Yadav, an accused in a forgery case who wasn't produced before the Metropolitan Magistrate Court in Andheri on 23 dates either physically or through VC.

“Bail Application No.1836 of 2023 is disposed off, as far as applicant is concerned. However, since the orders which are passed by me appointing the Amicus pertain to the larger issue of production of the under-trial prisoners before the appropriate courts at various stages, the Application is now titled as 'suo motu application' and the registry shall allot a new number to the same”, the court observed.

During the hearing on Wednesday, APP SR Agarkar produced a Government Resolution dated November 28, 2023, issued by the Home Department. The resolution sanctioned Rs. 5,33,16,753/- for installing a Video Conferencing facility and purchasing necessary infrastructure, encompassing cameras, amplifiers, audio interface, cables, etc.

“Let the GR be brought to the notice of learned Public Prosecutor as well as learned Advocate General, so as to ensure that the amount sanctioned is expended before 31/03/2024”, the court directed.

The court on November 10, 2023, directed the State Government to allocate the necessary funds to expand VC facilities in jails and courts across the state.

Amicus Curie Satyavrat Joshi reported satisfaction with the facilities at Thane Jail during his visit for the production of accused persons in various courts. A detailed report, jointly prepared with APP YM Nakhwa is expected to be submitted by December 20, 2023.

Section 437(6) of the CrPC stipulates that if the trial of a person accused of a non-bailable offence in a Magistrate's court isn't concluded within 60 days from the first date fixed for taking evidence, the accused, if in custody during the entire period, shall be released on bail to the satisfaction of the Magistrate. The Magistrate may decide otherwise if reasons are recorded in writing.

Considering the framing of charges on August 28, 2023, and the subsequent fixing of the trial for recording evidence, Advocate Vinod Kashid for the applicant contended that the accused could seek release under Section 437(6). Kashid sought permission to withdraw the present bail application, with the liberty to seek bail under Section 437(6).

While the court allowed the applicant's request and disposed of the present bail application, considering the larger issues pertaining to the production of under-trial prisoners, the court directed the application to be registered as a 'suo motu application.'

Case no. – Bail Application No. 1836 of 2023

Case Title – Tribhuvansingh Raghunath Yadav v. State of Maharashtra

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