In Brief
An undertrial prisoner in Uttar Pradesh challenged his 14-year detention during trial where only 6 of 96 prosecution witnesses had been examined. He had been acquitted in 9 prior criminal cases. The Supreme Court found the delay unconscionable. It ordered the prosecution to examine material witnesses by 31 October 2017, with a final opportunity for progress. Crucially, regardless of whether witnesses were examined by the deadline, the petitioner would be automatically released on bail from 1 November 2017 on terms set by the trial court. This balanced prosecution's need for diligence against the undertrial's fundamental right to liberty."
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