The Bombay High Court on Monday expressed displeasure over 'sorry state of affairs' in which the trial court in Belapur failed to commence a trial for the last one and half years against a murder accused who has been incarcerated for five years, despite HC's directive to conclude the case. In doing so, the HC directed District Judge-Thane and Additional Sessions Judge, Belapur, to explain why a charge has not been framed, and on how many hearing dates the accused was not produced before the court. "An accused, who is incarcerated as an under-trial prisoner for the last five years, definitely deserves an answer," the HC judge said. The HC also said that though the applicant could be released on bail on the ground of long incarceration, it also deemed it appropriate to get an explanation from the trial court. A single-judge bench of Justice Bharati H Dangre on December 11 passed an order in the bail application of Jahid alias Javed Liyakat Ansari, accused of an offence punishable under section 302 (murder), argued through advocates Syed Asif Abbas Naqvi and Amreen Sheriff. On July 6–2022, Ansari had withdrawn his bail application after the judge said she was disinclined to entertain it. However, since the trial did not progress during the pandemic period, HC had asked the trial court to make an effort to commence the trial, and conclude it within a year. "Six months more than the period last granted has expired, and surprisingly I am informed that till date, leave aside the conclusion of the trial, even the charge is not framed," HC noted. The applicant submitted that the sessions trial is now transferred to the Court of District Judge and Additional Sessions Judge, Belapur, and that the accused was not produced before the said court. "With a heavy heart and with great regret, I must note that the judicial system has probably forgotten about this applicant, as he has not been produced before Court and despite his arrest some five years back, the Court has not even bothered to frame the charge," Justice Dangre noted. Justice Dangre remarked that the expected response from Belapur court would be that the sessions case was transferred to it only lately, prior to which it was with the Thane Court. She added that Thane Court would now, on expected lines, raise its hands by submitting that the said Court is not in session of the trial and that it has been transferred to Belapur Court, she added. "The aforesaid situation definitely depicts a sorry state of affairs, when time and again the Apex Court has warned about the right of an accused and specifically right to have speedy trial," the HC noted. Justice Dangre noted that while she could have released the applicant on bail, explanation from the trial court was required first, as "at some or the other time, the system must fix an accountability on individuals, rather than talking about the delays in the process on account of huge pendency." Noting that "accused who has been incarcerated as an undertrial prisoner for the last five years 'definitely deserves an answer," the HC posted further hearing to December 18.
