Supreme Court Warns Maharashtra: Opposing Bail Without Speedy Trial Unacceptable
The Supreme Court on Friday expressed strong disapproval of the Maharashtra government's approach of opposing bail pleas while failing to expedite trials, calling it a violation of the fundamental right to a speedy trial.
A bench of Justices Ahasanuddin Amanullah and Sheel Nagu was hearing the case of Kelvin Chindozie Okoro, a foreign national arrested in May 2022 for kidnapping and murder. Okoro has been in custody for four years, but only two of the 34 witnesses have been examined so far. The Bombay High Court had rejected his bail plea twice, in June 2024 and on March 17 this year.
The bench noted that the accused was not produced before the trial court on 53 out of 86 hearing dates. "We are feeling embarrassed. Only two of the 34 witnesses have been examined in four years. This aspect has been bothering this court for some time. When the state opposes bail pleas tooth and nail, it has a corresponding duty to conduct the trial smoothly, but it is found lacking," the bench observed.
The Court recalled that just days earlier, it had imposed a fine of Rs 50,000 on the Amritsar Superintendent of Police for similar lapses in Punjab. "Every day we get cases of this nature from Maharashtra – oppose bail tooth and nail but not take steps to expedite trial. When we examine the case, the evidence is weak. We will expose you (the state) in public," the bench said.
Maharashtra's counsel argued that the state had improved and now achieved a 100% rate of producing accused on every hearing date. However, the Supreme Court noted that this is a pan-India problem and called on all states to formulate specific policies for expediting trials.
In its order, the bench refrained from granting bail on merit but underscored the state's lapse in ensuring the accused's presence. The Court directed that at least four witnesses be examined per week and that the order be placed before the trial court.
