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Undertrial must be released if
trial exceeds five years: SC

The Supreme Court on Thursday ruled that an undertrial must be released from custody if his/her trial stretches beyond five years.

A division bench comprising Justice K T Thomas and Justice R P Sethi, however, added that in special circumstances a trial court could keep an undertrial in judicial custody beyond five years.

Expressing anguish over the delay in dispensation of justice, Justice R P Sethi, writing the judgement for the bench, said that despite being aware of the huge pendency of cases, the government has done precious little to fill up the vacancies in high courts.

He said nearly one fourth of the posts of judges in high courts were lying vacant resulting in delay in disposal of cases.

Allowing the appeal filed by one Akhtari Bi, Justice Sethi requested the chief justices of all high courts to take immediate steps to bring down the pendency of cases.

PTI

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