The Supreme Court Yesterday (Dec 13) expressed its strong disapproval at a trial court’s failure to frame charges and commence trial in a case of attempt to murder dating back to 2016. A Bench of Justice Dipankar Datta and Justice Prashant Kumar Mishra granted bail to a man in custody since April 2017 in a case registered by Maharashtra Police in December 2016.
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NEW DELHI: The Supreme Court voiced strong criticism against a trial court for its prolonged delay in framing charges and commencing the trial in an attempted murder case that dates back to 2016.
A Bench comprising Justice Dipankar Datta and Justice Prashant Kumar Mishra took a firm stance on the matter, granting bail to an individual who has been in custody since April 2017. The case was registered by the Maharashtra Police in December 2016.
“We have failed to comprehend as to why the charges could not be framed and trial commenced by the Sessions Court till now. It has been almost seven and a half years that the appellant has been languishing in jail,”
-the Supreme Court observed while expressing dismay at the delay.
Case Details and Background
The accused, Pradeep Pandurang Mane, had been charged under Sections 307 (attempt to murder) and 34 (common intention) of the Indian Penal Code, 1860, along with Section 3(25) of the Arms Act, 1959. Earlier, the Bombay High Court had denied him bail on April 16, citing his alleged role as the main assailant and gang leader with prior criminal records.
The High Court, in its judgment, stated that Mane was not eligible for bail on the grounds of parity with a co-accused who had already been released on bail.
However, the apex court took a different view of the case. It highlighted that Mane was acquitted in two of the six cases against him, while judgment was pending in one other case. For the remaining cases—two of which are triable by the Magistrate—Mane had already secured bail.
Supreme Court Highlights Unlawful Delay
While deliberating on the issue, the Supreme Court criticized the inordinate delay in framing charges. The Bench stressed that prolonged incarceration without trial constitutes a violation of an individual’s rights.
“Keeping an accused behind bars and without trying him for the offence alleged against him, for long, itself is in breach of the procedure established by law and amounts to a punishment invading the right to life of such an accused,”
-the Court asserted.
The apex court further reasoned that the delay in commencing the trial had deprived Mane of a timely resolution of his case. Given the bleak prospect of an imminent trial conclusion, the Bench decided to grant him bail.
“The long incarceration of the appellant, non-framing of charges and the prospect of imminent conclusion of the trial being bleak, we are of the considered opinion that he may be admitted to an order for bail,”
-the Bench explained.
Representation in Court
Advocates Sachin Patil, Sandeep Magar, Geo Joseph, Risvi Muhammad, and Rishabh Agarwal represented Pradeep Pandurang Mane in the Supreme Court.
On the other hand, Advocates Shrirang B. Varma, Siddharth Dharmadhikari, and Aaditya Aniruddha Pande appeared on behalf of the State of Maharashtra.
Conclusion
The Supreme Court’s decision not only brought relief to Mane but also underscored the judiciary’s responsibility to ensure that delays in the criminal justice system do not violate fundamental rights.
This case serves as a reminder that prolonged incarceration without trial is contrary to the principles of justice enshrined in the Constitution.
CASE TITLE:
Pradeep Pandurang Mane v. State of Maharashtra.
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