Bombay High Court criticizes State for casual trial, grants bail to rape accused

In a scathing critique of the Maharashtra State's handling of serious criminal cases, the Aurangabad bench of Bombay High Court recently granted bail to a 24-year-old rape accused languishing in jail for more than three and a half years without any significant progress in trial [Aslam Kalim Shaikh v. The State of Maharashtra and anr].Single-judge Justice SG Mehare lamented that the trial was being conducted casually even when it came to such serious crimes. "It is the responsibility of the State to ensure the speedy trial. However, it seems that none of the agencies is diligent in protecting the fundamental right of the accused. The trials of such serious crimes are conducted very casually," the Court observed.It expressed deep dissatisfaction with the prosecution's conduct, particularly in failing to produce the accused in court and neglecting to utilise available video conferencing technology. "The prosecutor before the trial Court failed to ensure a speedy trial. His conduct shows that he is not serious about the trial. The applicant is incarcerated for more than three and a half years for the crime. Still, there is no effective progress in the trial," the Court noted while ordering his release on bail..The accused, Aslam Kalim Shaikh, was arrested in December 2020 and was charged for offences under various provisions of the Indian Penal Code including rape and also for offences under the Protection of Children from Sexual Offences Act (POCSO Act).He moved the Court for bail citing delay in trial.The Court noted that despite the charges being framed in February 2022, the trial had not advanced due to the State's lack of diligence.It emphasized the importance of adhering to Article 21 of the Constitution, which guarantees the right to speedy trial irrespective of the nature of the crime.The Court criticized both the State and the trial court for their lack of urgency, which led to the prolonged incarceration of the accused without a timely trial despite the gravity of charges.Hence, it granting bail to Shaikh subject to furnishing personal bond of ₹50,000 along with the assurance that he would not tamper with evidence, contact the victim or miss any trial dates..Advocate Shrikant G Kawade Advocate appeared for Shaikh.Additional Public Prosecutor Bharaswadkar appeared for the State.Advocate Sarita Gaikwad Advocate appeared for the victim.[Read Order]