Bombay High Court
Salman Shakil Admane vs The State Of Maharashtra on 9 March, 2022
Bench: S.S. Jadhav
11.BA993.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL BAIL APPLICATION NO. 993 OF 2021
Salman Shakil Admane. ... Applicant.
V/s.
The State of Maharashtra. ... Respondent.
-------------------
Mr. Gaurav Parkar, advocate for applicant.
Ms. S.V. Sonawane, APP for State.
---------------------
Digitally
signed by
CORAM : SMT. SADHANA S. JADHAV, J.
ARUNA S
DATE : MARCH 9, 2022.
ARUNA S TALWALKAR
TALWALKAR Date:
2022.03.10
15:53:54
+0530
P.C.
1 In the order dated 9th February, 2022, this Court has
observed that the charge was not yet framed and that the learned
Additional Sessions Judge in his order dated 18/2/2020 has observed
that the accused who are enlarged on bail are absconding and are not
cooperating at the stage of framing of charge and an apprehension is
expressed to the fact that the present applicant would also abscond after
enlargement on bail. This Court has specifically observed that in such
situation, it is incumbent upon the Sessions Judge to issue non-bailable
warrant, standing warrant, as well as proclamation under section 81 or
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11.BA993.2021.doc
82 of the Code of Criminal Procedure, 1973 and secure presence of the
accused as this is not a ground for rejecting the bail to the applicant who
is in custody since 18/11/2016.
2 The charge-sheet is filed against the present applicant and
others for offence punishable under section 364A, 363, 384, 387, 342
read with 120-B of the Indian Penal Code. The learned APP has
submitted that she had also written a letter to the Senior Inspector of
Police Yeola Police Station, District Nashik informing him about the order
passed by this court on 9/2/2022. Till today, the prosecution has not
taken any steps nor filed any application before the learned Sessions
Judge seeking standing Non-bailable warrant or proclamation under
section 81 or 82 of the Code of Criminal Procedure, 1973.
3 Learned Counsel humbly submits that he is praying for
enlargement on bail on the ground that there is delay in trial. However, it
is clear from the records that all these trials, especially in Nashik district
are delayed on account of lapses on the part of the prosecution and the
investigating agency.
4 Even while hearing appeals, this Court has observed time
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11.BA993.2021.doc
and again that there are material lapses on the part of investigating
agency as well as prosecution. The prosecutors are really not diligent in
prosecuting trial. Material witnesses are not examined. This is yet
another case from Nashik district where the lapses on the part of the
prosecution and the investigating agency are apparent on the face of the
record. In many cases, this Court has observed lapses and in some cases,
the matter was remanded to the Sessions Court at the stage of hearing of
the application for suspension of substantive sentence in Criminal Appeal.
The said order was upheld by the Hon'ble Supreme Court. In various
judgments also, it is seen that the investigation is partial either with the
complainant or accused. It is therefore necessary for the Director of
prosecution to personally look into the matter and give necessary
directions to the investigating agencies as well as prosecutors in Sessions
Cases.
5 The Director of Prosecution shall file an affidavit about the
same within one week. Stand over to 28/3/2022.
(SMT. SADHANA S. JADHAV, J)
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