Madhya Pradesh High Court considering a bail application found gross negligence causing a delay in the trial by the prosecution and slammed the SP of the Vidisha district saying “it is clear that Shri Verma, S.P., Vidisha has no respect for the Fundamental Right of an accused of speedy trial as enshrined under Article 21 of the Constitution of India and did not show any remorse for his irresponsible and negligent act”
The bail application was filed by the accused that was charged under multiple sections of IPC. There were allegations against the accused that he assaulted a person with co-accused with lathis which resulted in the victim’s death. The accused was in jail since 22/12/2016 which resulted in the bail application filed by the accused on the ground of delay in the trial. A similar application was filed by the accused last year, in response to which the SP of the district suspended the police officers who caused the delay and placed them under preliminary enquiry. Further, the SP Shri Verma gave his assurance that there will be no negligence in the future on the part of his subordinates as well as himself.
The court found that the negligent behavior of the authorities continued which showed the sorry state of affairs in the district and directed the superintendent of police of the district to appear before the court again. The SP submitted that there was no negligence on the part of the police and challenged the correctness of order of the trial court by trying to plead that the trial court had recorded an incorrect order sheet. He further submitted that the remaining witnesses would have appeared before the trial court if the nation-wide lockdown didn’t happen.
The court harshly called out the negligent behavior of the prosecution and the SP who failed to monitor the case even after giving his assurance to the court. The court pointed out that Shri Verma’s s(SP, Vidisha) contention against the trial court was without any basis and it was his department’s fault that witnesses failed to appear before the court. The SP ceded to the fact that delay up till march 2020 was his department’s fault but for the further delay, he stated that the proceedings were obstructed due to the nation-wide lockdown. The court directed the SP to file an affidavit to explain his contention against the correctness of the trial court and the nation-wide lockdown by the central government. The SP submitted his apology and withdrew his statements after realizing the repercussions of his statements.
The court then considering the bail of the applicant found that the accused was in jail since 22/12/2016 and the trial was delayed due to the negligence of prosecution and said “An undertrial cannot be kept in jail for an unlimited period at the mercy of the prosecution.”The court thus granted the bail to the accused holding the prosecution solely responsible for delay in the trial. The court refrained itself from initiating contempt proceedings or any other action against Shri Verma(SP, Vidisha) and left it on the discretion of competent authorities to take any departmental action against him or not.
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