The Supreme Court has sharply criticized Maharashtra authorities for an “unacceptable and shocking” delay in framing charges against an undertrial prisoner who has been in custody for four years, while the co-accused remain out on bail.

A Bench comprising Justices Ahsanuddin Amanullah and P.K. Mishra expressed strong displeasure at the State’s justification that the delay was due to the co-accused’s non-appearance. The Court pointed out that despite blaming the co-accused for stalling the proceedings, the prosecution had failed to secure their presence or seek cancellation of their bail to ensure progress in the trial.

The Bench noted that the chargesheet in the case had been filed as far back as 2022, yet the trial had not moved forward. It directed the Superintendent of Police concerned to submit an explanation for the inaction and clarify why necessary steps were not taken to expedite the case.

Additionally, the Court directed the trial court to file a detailed report explaining why it had not ensured the attendance of the co-accused. “The Trial Court shall indicate why it has not taken steps to ensure the presence of the co-accused, who are on bail, particularly when one of the accused has been in incarceration for four years,” the Bench observed.

Expressing alarm at the apparent indifference of both the prosecution and the court, the Bench went on to record a tentative suspicion of collusion. “It transpires that the prosecution has not filed any application for cancellation of bail of the other co-accused, who are being blamed for the delay in framing charges. Tentatively, we feel there is collusion between the prosecution and the accused,” the order stated.

The Supreme Court has made it clear that it will take a strict view of the matter if the explanations submitted by the authorities are not satisfactory. The case will be heard next on December 2.

Case Title: Shashi alias Shahi Chikna Vivekanand Jurmani v. State of Maharashtra, SLP (Crl) No. 12690/2025