SC tells court not to prolong trial using dilatory tactics

One-liner: The SC has expressed displeasure over the delay in the examination of witnesses, and said it is the duty of the trial court to ensure that the trial is not prolonged.

Control dilatory tactics: A bench said the trial court must control the dilatory tactics of any of the parties.

Bail granted: The observations came while granting bail to a man who was accused of facilitating the escape of persons who murdered the Mayor of Chittor district in Andhra Pradesh.

  • The top court noted that the man is in jail for the last seven years and prosecution witnesses are yet to be examined

Trial yet to commence: ``We are troubled by the fact that seven years after the incident the prosecution witnesses have not been examined and the trial is yet to commence. This is completely unacceptable,'' the bench said.

What the bench said: ``It is the duty of the prosecution to ensure that the prosecution witnesses are available and it is the duty of the trial court to ensure that none of the parties is permitted to protract the trial,'' the bench noted.

Direction: The apex court directed the trial court to ensure that post-trial, the judgment of the trial court is available within a period of one year from the date of the communication of this order.

Bottom line: ``If the trial court finds that the appellant is endeavouring to delay the trial, or thereafter tamper with the evidence, we authorise the trial court to cancel the bail,'' the bench said. 

Source: PTI

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