The Supreme Court of India has delivered a stinging rebuke to the Maharashtra prison administration while granting bail to a man incarcerated for over four years in a 2021 Thane murder case. The bench expressed profound shock at the systemic failure to produce the accused before the trial court, a lapse it termed "appalling," and has ordered a high-level inquiry to fix responsibility.
A Bail Granted Amidst Systemic Failure
The apex court was hearing the bail plea of Shashi alias Chikna Vivekanand Jurmani, represented by advocate Sana Raees Khan. Jurmani was arrested in connection with an FIR registered at Vitthalwadi Police Station in Ulhasnagar in 2021. The charges included rioting, attempt to murder, and assault on a public servant. The initial allegation claimed Jurmani and a co-accused, Umesh @ Omi Bansilal Kishnani, had stabbed the deceased and a police constable.
However, a critical turn emerged when the deceased victim, who succumbed to injuries two months after the incident, provided a statement before his death. He clarified that Jurmani and Kishnani had only assaulted him with fists and kicks. He identified another co-accused, Naresh, as the person who inflicted the knife injury on police constable Ganesh Ashok Damale. Notably, Constable Damale's account did not name any specific accused, only describing their physical features.
The Shocking Revelation of Non-Production
Advocate Sana Raees Khan presented compelling arguments for bail. She highlighted that the post-mortem report indicated the deceased died due to surgical complications, which did not align with the role attributed to Jurmani. Furthermore, she pointed out that Jurmani had no prior criminal record and had already spent over four years in jail without the trial court even framing charges against him.
The most damning disclosure, which triggered the Court's ire, was the revelation that out of 85 scheduled trial dates, the petitioner was not produced before the court on 55 occasions. The Court emphasized that the regular production of an accused is a fundamental right and a crucial safeguard against custodial abuse, essential for ensuring a fair trial.
Supreme Court's Stern Directions and Consequences
Expressing strong displeasure, the bench directed the Director General of Police (Prisons), Maharashtra, to personally conduct an inquiry into the repeated non-production of the accused. The Court mandated that the DG must fix responsibility and take action against the responsible officials. It issued a stern warning that any attempt to shield the erring officials would invite personal liability.
The DG Prisons has been ordered to file a personally affirmed affidavit along with the inquiry report within two months. The matter has been scheduled for compliance hearing on February 3, 2026. Following these directives, the Court ordered Jurmani's release on bail, subject to conditions to be set by the trial court, and disposed of all pending applications.
This ruling underscores the judiciary's vigilance in protecting procedural rights and holding prison administrations accountable for lapses that undermine the justice delivery system.
