Bombay high court flays own registry

The Bombay high court has criticised its own registry for a delay caused in deciding an appeal in an attempt to murder case. Although the court upheld the order of a sessions court in Pune, the high court could give its verdict only after the accused had completed his jail sentence and been released.

Justice JH Bhatia commended the investigating agency and the sessions court for a speedy trial and for awarding the sentence within four months of the offence being committed. However, he noted that after the sessions court order in 2004, it took six-and-a-half years for the appeal against conviction to be placed before the high court.

The court also said that the accused Machchindra Gholap was not informed that he could challenge the sentence handed out before a sessions judge and it was not necessary to move the high court. Gholap had moved high court through jail in 2005.

Expressing his concern, justice Bhatia observed, “Had the registry examined the appeal memo and the judgment of the trial court, the appeal could have been referred to the sessions judge at Pune, who could have heard and disposed off the appeal in a much shorter period than what has taken in this court.”

Gholap was convicted and sentenced to seven years imprisonment by the sessions court for attempting to stab a man to death. Justice Bhatia concurred with the findings of the sessions court that any of the multiple injuries inflicted on the victim could have been fatal and held Gholap guilty of the offence.