Research › Search › Judgment

Bombay High Court · body

2013 DIGILAW 741 (BOM)

Premal Kantilal Kamani v. State of Maharashtra

2013-04-01

S.C.DHARMADHIKARI

body2013
Judgment :- In this case the Applicant has approached this Court pointing out that though he has been detained in custody for the offences punishable under Sections 419, 420, 465, 467, 468 r/w 34 of the Indian Penal Code, yet he has not been enlarged on bail. It has been stated that the Applicant is languishing in custody and his Bail Applications are not decided. 2. On the last occasion, I had directed the learned APP to take instructions as to whether the bail application is pending in the Trial Court. After taking instructions, the learned APP informs that the Applicant has been enlarged on bail and stands released accordingly. 3. The communication dated 22.03.2013 received from the Superintendent, Mumbai Central Prison is relied upon in this regard. A copy of this communication is taken on record and marked "X" for identification. 4. I have been repeatedly noticing that firstly, such applications received through jail are not placed before the Court by the Registry promptly. This application is dated 18.02.2013 and the Registry has taken its own time to scrutinize and verify this application. It has been posted before the Court on 06/07.03.2013. Why such bail applications which are received in the Department as early as on 21.02.2013 are not placed promptly and expeditiously, needs to be investigated and looked into by the Registrar (Judicial). He must ensure that when such applications are received, the copies thereof are dispatched to the Public Prosecutor's office so as to enable him to depute some of his colleagues to attend the matter. Equally, there would be enough time for the learned Prosecutor to take instructions from the Investigating Machinery. However, what I find is that when such matters are listed before the Court, thereafter, the copies are supplied to the Public Prosecutor's office and it is only thereafter, the Public Prosecutor seeks instructions from the Investigating Machinery and thereafter, the Investigating Machinery takes its own time. That would result in delay. These are not happy state of affairs and in past, on my oral directions a mechanism was evolved that when such applications are lodged with the Registry, they are forwarded to the Public Prosecutor's office within 48 hours. 5. Further, what one finds is that the applications forwarded through jail to the Trial Court by such accused are not disposed of expeditiously. 5. Further, what one finds is that the applications forwarded through jail to the Trial Court by such accused are not disposed of expeditiously. When such applications are received by the Prosecutor's office in the Trial Court, he contacts the Investigating Machinery and the Investigating Machinery takes it own sweet time to give instructions and possibly it never bothers to give instructions to the Prosecutor. The responses should come from the Investigating Machinery expeditiously. 6. There is no reason for the Trial Court to keep the applications pending on its file. In this case, C.R. number is 16/2012 and the case number is 808/PW/2012. The Applicant has made serious grievance that he is not produced before the Trial Court for six months. The other accused are not appearing. In these circumstances he had requested for release on personal bond. His application was not attended. Hereafter, the Trial Court must ensure that all such applications made by the persons who are under-trials and do not have any benefit of legal assistance, are not kept pending. The Investigating Machinery must coordinate with the Prosecutor in the Trial Court and it is equally duty of the Prosecutor in the Trial Court to ensure that such applications when placed before the Court are attended expeditiously and promptly. Their prompt and expeditious disposal would ensure that there is rule of law and that mandate of Article 21 of the Constitution of India is strictly abided by all concerned. I hope that, hereafter the Trial Court, Investigating Machinery and all Prosecutors will work in coordination and avoid unnecessary and harsh remarks from the higher courts. 7. Since the Applicant has been released from custody, the application is disposed of.