Supreme Court Grants Bail to Shashi Jurmani After Four Years in Custody

Apex Court Criticizes Maharashtra Authorities for Failing to Produce Accused in Court; Orders Inquiry

In a significant judgment, the Supreme Court of India granted bail to Shashi alias Shahi Chikna Vivekanand Jurmani, who had been in custody for over four years in connection with a 2021 case under various sections of the Indian Penal Code, including charges of assault and attempted murder. The apex court's decision came after noting the absence of any prior criminal antecedents for Jurmani and the fact that his co-accused, similarly situated, had already been granted bail.

The court, comprising Justices Ahsanuddin Amanullah and Prashant Kumar Mishra, expressed strong disapproval of the State of Maharashtra's failure to ensure the regular production of Jurmani before the court during his trial. It was highlighted that out of 85 scheduled trial dates, Jurmani was not produced before the court on 55 occasions, a lapse described by the court as a "grave infraction of fundamental safeguards."

Justice Amanullah, delivering the court's observations, emphasized that the production of an accused is not only crucial for a speedy trial but also serves as a fundamental safeguard to prevent potential abuse of the prisoner and to allow the accused to communicate grievances directly to the court. The court found this breach appalling and directed the Director General of Prisons, Maharashtra, to conduct a personal inquiry into the matter. The court mandated the identification and penalization of those responsible, warning against any attempts to shield culpable individuals.

The Supreme Court ordered a report on the inquiry to be submitted by February 3, 2026, underscoring the seriousness with which it views the breach of procedural safeguards. The court's decision to grant bail to Jurmani was based on the merits of his case, taking into account the statements made by the deceased and a police constable involved in the incident, which did not implicate Jurmani as having inflicted serious injuries.

This judgment serves as a reminder of the judiciary's role in safeguarding individual rights and ensuring accountability within the criminal justice system. The court's directive for an inquiry reflects its commitment to uphold the rule of law and protect the rights of those accused in criminal proceedings.

Bottom Line:

Bail granted to the petitioner who was in custody for over four years without criminal antecedents, and similarly situated co-accused had been granted bail. Court expressed shock at the grave infraction of fundamental safeguards regarding the production of the accused before the Court during the trial.

Statutory provision(s): Sections 143, 147, 148, 149, 307, 326, 353, 333 of the Indian Penal Code, 1860.

Shashi alias Shahi Chikna Vivekanand Jurmani v. State of Maharashtra, (SC) : Law Finder Doc Id # 2817465