The Aurangabad Bench of the Bombay High Court has issued a sharp rebuke to the Maharashtra State for its mishandling of a rape trial, leading to the release on bail of a 24-year-old man who had been held in custody for over three and a half years without significant progress in the case.
Presiding over the case, Justice SG Mehare expressed deep frustration with the casual approach taken by the prosecution, particularly highlighting the failure to produce the accused in court and the neglect of video conferencing alternatives. The Court pointed out that such indifference not only hampers the trial process but also undermines the fundamental rights of the accused.
“The trial for such a serious crime has been conducted in an alarmingly casual manner,” the judge remarked, emphasizing the State’s responsibility to ensure a speedy trial. The Court’s criticism extended to the trial court and the State’s agencies for their lack of urgency in moving the case forward, despite charges being framed as far back as February 2022.
The accused, Aslam Kalim Shaikh, was arrested in December 2020 on charges under various provisions of the Indian Penal Code, including rape, as well as under the Protection of Children from Sexual Offences (POCSO) Act. His plea for bail, based on the prolonged delay in the trial, was ultimately granted by the Court. Shaikh was released on bail upon providing a personal bond of ₹50,000, with strict conditions that he must not tamper with evidence, contact the victim, or miss any trial dates.
Justice Mehare’s decision underscores the constitutional guarantee of a speedy trial, as enshrined in Article 21, regardless of the crime’s severity. The case serves as a stern reminder to the State and its agencies of their obligations to uphold the rights of all individuals, even those accused of serious offenses.
