The Bombay High Court has directed the trial court judges in Thane and Belapur to explain why charges have not yet been framed against a man who was arrested five years ago over allegations of murder.
The High Court was hearing a bail application in a murder case, wherein the trial court had been asked to try and complete the trial within a year. However, on December 1, the Court was displeased to find that even charges had not been framed against the accused till date.
The trial had been transferred from a sessions judge at Thane to Belapur in Maharashtra, where the accused man was yet to be produced.
Justice Bharati Dangre has ordered both trial court judges to explain why the charges had not been framed and why the accused had not been produced. The judge has sought an explanation from the trial court judges by December 18th.
The Court observed that the judicial system has probably forgotten about the applicant, as he has not been produced before the court and despite his arrest five years back, the court has not even bothered to frame the charge.
It added that the situation depicted a "sorry state of affairs" and deemed it fit to fix accountability on individuals instead of commenting on the huge pendency. The Court opined that it was appropriate to first get an explanation on the issue from the trial court judges.
The Court also noted that it could have ordered the release of the bail applicant on the ground of his long incarceration in jail. However, the Court opined that it was appropriate to first get an explanation on the issue from the trial court judges.
The judge expressed anguish over this state of affairs and said that an accused, who is incarcerated as an under-trial prisoner for the last five years, definitely deserves an answer.
In conclusion, the Bombay High Court has directed the trial court judges to explain why charges have not yet been framed against the accused in a murder case and has sought an explanation from them by December 18th.
