The Supreme Court has expressed displeasure that an undertrial prisoner, arrested on a murder charge, has been lodged in jail in Jammu and Kashmir for seven years and questioned the delay in the trial.
A bench of Justices JB Pardiwala and KV Viswanathan noted that only four prosecution witnesses out of 19 have been examined till now and sought an explanation from the J-K government and the trial court concerned on why the trial was pending for the past seven years.
“We will take the state government and the prosecuting agency to task if appropriate reasons for the delay in examining the witnesses are not given.
“You have to give a satisfactory reason to justify the delay in completion of the trial,” the bench told the counsel appearing for the state government.
The counsel sought time to file the response of the State on the bail application moved by one Anoop Singh, who was booked under murder charges under the Ranveer Penal Code.
“The entire case of the prosecution hinges on circumstantial evidence. We are disturbed to take note of the fact that the petitioner is in custody as an under-trial prisoner since 2018.
“Till this date, the prosecution has been able to examine only four witnesses out of 19 witnesses it proposes to examine. The State owes an explanation as regards the delay in the conduct of the trial,” the top court said in its January 22 order, while issuing notice to the J-K government.
The bench also asked the apex court registry to call for an explanation from the trial court concerned as regards the status of the trial and why the trial was pending for the past seven years.
The top court noted that Singh has been denied regular bail by the high court in connection with the First Information Report registered on October 18, 2018, with Bari Brahmana police station for the offence punishable under Section 302 of the Ranbir Penal Code (now IPC) at District Samba in the Union Territory of Jammu and Kashmir.
On June 30, 2025, the high court dismissed the plea of Singh with a direction to the lower court to expedite the trial without granting unnecessary adjournment(s) to either of the parties.
The high court had noted that Singh is involved in the offence punishable with life imprisonment and the case is pending before the trial court for recording evidence of the prosecution witnesses.
It also said that the petitioner is entitled to a speedy trial and directed that “the trial court shall speed up the trial of the case and without granting unnecessary adjournment(s) to either of the parties, shall make every endeavour to conclude the trial expeditiously”.