In a scathing order, the Supreme Court of India has granted bail to a man incarcerated for over four years in a Thane murder case while severely reprimanding the Maharashtra prison department for its "appalling" failure to produce him before the trial court on numerous occasions.
Court Expresses Shock, Directs Immediate Inquiry
The bench, expressing strong displeasure, stated it was "shocked" at the conduct of the State authorities. It emphasized that the regular production of an accused before a court is a fundamental safeguard to prevent custodial abuse and ensure a fair trial. Terming the repeated lapses as appalling, the Court has directed the Director General (Prisons) of Maharashtra to personally conduct an inquiry, fix responsibility, and take action against the responsible officials.
The Court 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 is now scheduled for a compliance hearing on February 3, 2026.
The Case and Grounds for Bail
The petitioner, Shashi alias Chikna Vivekanand Jurmani, had moved the Supreme Court through his advocate Sana Raees Khan. The bail plea was connected to a 2021 FIR registered at Vitthalwadi Police Station in Ulhasnagar under IPC sections for rioting, attempt to murder, and assault on a public servant.
The case saw a significant turn in evidence. While the initial FIR alleged that Jurmani and a co-accused, Umesh @ Omi Bansilal Kishnani, had stabbed the deceased and a police constable, the deceased's subsequent statement before his death two months later clarified a different story. He stated that Jurmani and Kishnani had only assaulted him with fists and kicks, and that the knife injury to the constable was inflicted by another co-accused, Naresh. The constable, Ganesh Ashok Damale, in his account, did not name any specific accused.
Advocate Khan argued that the post-mortem report indicated the deceased died due to surgical wounds, and the role attributed to Jurmani did not correspond with these injuries. It was also highlighted that Jurmani had no prior criminal record and had already spent over four years in jail. Crucially, the counsel informed the Court that out of 85 trial dates, the petitioner was not produced before the trial court on 55 occasions. Another co-accused in a similar situation had already been granted bail, and charges were yet to be framed against Jurmani.
Bail Granted with Conditions
Considering these circumstances, including the prolonged incarceration without trial and the egregious failure in producing the accused, the Supreme Court ordered Jurmani's release on bail, subject to conditions to be set by the trial court. All pending applications in the matter were disposed of.
This order puts a sharp spotlight on administrative failures within the prison system that directly impact the right to a speedy trial and underscores the judiciary's role in upholding procedural justice even for those accused of serious crimes.
