State opposes bail but does nothing to finish trial: Supreme Court flags shocking delay in 2022 murder trial

The Supreme Court on Friday expressed severe displeasure over the lethargic pace of a pending murder trial in Maharashtra, noting that an accused in the case had remained in jail for over four years with only two out of forty-five witnesses being examined [Kelvin Chindozie Okoro v. State of Maharashtra].

A Bench of Justices Ahsanuddin Amanullah and Sheel Nagu observed that while the State aggressively moves to oppose bail applications in such cases, it completely falls short when it comes to fulfilling its primary duty of running the trial efficiently.

"The State opposes the prayer for bail for the accused, but when it comes to discharging its obligations, like conducting the trial, nothing is done. It is found that the State is totally lacking in that regard," the Court said.

The Court was hearing a bail plea filed by Kelvin Chindozie Okoro, a foreign national is among those accused in a 2022 case involving allegations of kidnapping, murder, and rioting. He was arrested on May 7, 2022 and had remained in jail since then.

In 2024, his first bail application was rejected by the Bombay High Court. In March this year, he moved the High Court again for bail, arguing that there has been a change in circumstances and prolonged delays in the trial.

The High Court, however, said it cannot reconsider the matter on merits and dismissed the second bail plea. However, it ordered the trial court to expedite hearing the case, given the delays noticed in the matter.

Okoro then moved the Supreme Court seeking bail.

The top court today said that it was not inclined to grant Okoro bail.

"We have considered. No case for bail has been made out at this stage," the Bench said.

However, the Court was deeply troubled by the systemic inertia revealed by the trial's timeline. Out of forty five listed prosecution witnesses, the State machinery had managed to examine just two individuals in a span of four years.

Justice Amanullah remarked that this glaring gap between incarceration and judicial progress was an issue that had been "bothering the Court for quite some time."

The Maharashtra government's counsel, in response, requested the Bench for time to submit a comprehensive counter-affidavit explaining the delay.

Accepting the request, the Supreme Court directed the Maharashtra government to submit a detailed explanation clarifying exactly why the trial had come to a grinding halt.

The Court also drew a sharp parallel to an order passed yesterday involving the State of Punjab. In that matter, the Bench had cracked the whip on institutional delays by imposing a cost of ₹50,000 on the Superintendent of Police (SP), Amritsar.

While that monetary penalty was temporarily kept in abeyance to allow the Punjab government to reply, the Court indicated that it is keeping a strict vigil on prosecution teams across States.

The Maharashtra matter has been listed next on July 24.

[Live Coverage]