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Criminal · Reportable judgment

Siddhant @ Sidharth Balu Taktode vs The State of Maharashtra and Another

Court
Supreme Court of India
Date
18 December 2024
Case No.
Criminal Appeal No. 5438 of 2024
Result
Allowed
Bench
Bhushan Ramkrishna Gavai, K.V. Viswanathan
Citation
[2024] 12 S.C.R. 837 : 2024 INSC 1017
Acts & Sections
Maharashtra Control of Organised Crime Act… Constitution
Supreme Court Reports [2024] 12 S.C.R. 837 : 2024 INSC 1017
Issue for consideration
In six years, out of 102 dates, on most of the dates the appellantaccused was not produced before the Court either physically or virtually. Prolonged incarceration. Bail rejected by High Court.
Headnote

Maharashtra Control of Organised Crime Act, 1999 – Trial prolonged on account of non-production of the appellantaccused – Appellant incarcerated for approximately five years – If entitled to bail:

Held: Yes – Prolonged incarceration without the accused being made to face the trial would result in forcing him to face the sentence without undergoing the trial – Right to speedy trial is also one of the facets of the rights flowing from Articles 19 and 21 of the Constitution of India – Charges not framed in the cases registered prior to the registration of the present case – This is a very sorry state of affairs – If an accused is incarcerated for a period of approximately five years without even framing of charges, leave aside the right of speedy trial being affected, it would amount to imposing sentence without trial – Such a prolonged delay is also not in the interest of the rights of the victim – Impugned order quashed and set aside – Appellant granted bail, stringent conditions imposed – Constitution of India – Articles 21, 19. [Paras 10, 9, 11, 12] Directions by Supreme Court – Trials prolonged on the ground of non-production of the accused persons – Deprecated: Held: A mechanism to be evolved to ensure that the accused are produced before the Trial Judge either physically or virtually on every date and the trial is not permitted to be prolonged on the ground of non-production of the accused persons – Copy of this order to be forwarded to the Registrar General of the High Court of Judicature at Bombay; Secretary, Home, State of Maharashtra and Secretary, Law and Justice, State of Maharashtra. [Para 17]

Keywords: Trial prolonged · Non-production of the accused · Bail · Prolonged incarceration · Prolonged delay · Sentence without the trial · Right to speedy trial · Articles 19 and 21 of the Constitution of India · Charges not framed · Sorry state of affairs · Rights of the victim · Stringent conditions · Physically · Virtually

As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Divya Pandey. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Judgment B.R. Gavai, J. 1. Leave granted. 2. The present appeal challenges the order passed by the learned Single Judge of the High Court of Judicature at Bombay in Criminal Appeal No.298 of 2024, vide which the appeal filed by the appellant herein challenging the order passed by the Additional Special Judge (M.C.O.C. Act), Pune (hereinafter referred to as ‘Special Judge’), rejecting the application for bail filed by the appellant. 3. Shri Anand Dilip Landge, learned counsel appearing for the appellant submits that the learned Single Judge of the High Court as well as the learned Special J
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