Constitutional Courts must grant bail to under-trials facing prolonged incarceration, recognizing their right to a speedy trial under Article 21.

JUDGMENT :

(MANISH PITALE, J.)

1. Heard learned counsel for the applicants and learned APP for the respondent-State.

2. The applicants in these applications are accused Nos.3, 6 and 16, who have approached this Court, seeking bail in rather peculiar circumstances. It is an admitted position that the trial in the present case bearing Sessions Case No. 717 of 2011 has reached the stage of recording of statements under Section 313 of the Code of Criminal Procedure, 1973 (Cr.P.C.) and yet, the leaned counsel for the applicants are constrained to press the prayer for grant of bail.

3. The allegation against the accused persons is that they abducted 4 victims, took them to a particular place on a hill and brutally murdered them. Thereafter, the faces of the deceased persons were disfigured in order to destroy the evidence. Eventually, the law caught up with the accused persons and all of them were arrested. Some of the accused persons were released on bail on merits, while a large number of accused persons are still behind bars.

4. The learned counsel for the applicants in the present case, apart from making submissions on the role attributed to each of the 3 accused persons, brought to the notice of this Court the fact that the Court, where the aforesaid trial is pending, itself granted stayed of the trial on 19^th August 2023 under Section 10 of the Maharashtra Control of Organised Crime Act, 1999 (MCOCA). This was on the basis of an application moved by some of the co- accused persons, who are also accused persons in a subsequent trial concerning MCOC Special Case No. 576 of 2020. It was submitted on behalf of the said co-accused persons that, as per the legislative mandate under Section 10 of the MCOCA, the said trial before the MCOC Special Court ought to be given precedence and all other cases, including the trial with which the present applicants are concerned, should be kept in abeyance. The Sessions Court in the present case accepted the said contention raised on behalf of the said co-accused persons and stayed the trial by order dated 19^th August 2023.

5. The said order was challenged by the State of Maharashtra by filing Criminal Revision Application No. 335 of 2024. On an earlier occasion, hearing of these applications was adjourned, inter alia, in the light of pendency of the said revision application. It is brought to the notice of this Court that by a recent order dated 29^th November 2024, the revision application has been disposed of, without interfering with the said order passed by the Sessions Court in the present case on 19^th August 2023. Certain further directions have been given to the MCOC Special Court to complete the trial expeditiously in the said case.

6. The learned counsel for the applicants submit that a large number of witnesses are proposed to be examined by the prosecution in MCOC Special Case No. 576 of 2020 and there is every possibility that the said trial would take its own time, due to which the proceedings in the present case, which had reached the stage of recording of statements under Section 313 of the Cr.P.C., will remain stayed and the incarceration of the applicants will continue for a further period of time. In this context, much emphasis was placed on the dates of arrest of each of the applicants. It was brought to the notice of this Court that accused No.3-Bhonu @ Bhola Rambahadur Chaubey was arrested on 8^th June 2011, accused No.10-Rohit Gangasagar Verma was arrested on 1^st July 2011 and accused No.16-Prakash Manohar Sharma was arrested on 17^th August 2011, thereby indicating that the applicants have suffered incarceration for periods ranging between 13 years and 4 months to 13 years and 6 months. By placing emphasis on the said aspect of the matter, it was submitted that this Court may consider enlarging the applicants on bail, as in these peculiar circumstances, there is hardly any possibility of the trial being completed within a reasonable period of time. Reliance is placed on judgments o