The constitutional right to speedy trial and the ability of the constitutional courts to grant bail on grounds of violation of Part-III of the Constitution.

JUDGMENT

Vinit Kumar Mathur, J. - The present fourth bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 0109/2017, Police Station Gajner District Bikaner for the offence under Section 8/15 of NDPS Act.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

3. Counsel for the petitioner submits that the third bail application of the petitioner was dismissed by this court vide order dated 19.08.2020. The present fourth bail application has been filed on the ground that despite repeated directions having been issued by this court, the trial is not being proceeded and concluded. Learned counsel for the petitioner further submits that on 18.01.2019, the learned trial court was directed to expedite the trial proceedings. After 18.01.2019, when the trial was being proceeded at a snail's pace, again on 19.08.2020, this court while rejecting third bail application of the petitioner, direction was issued that since the petitioner has faced incarceration for more than three and half years, the trial court was directed to call the witnesses and expedite the trial proceedings. The counsel further submits that after the directions having been issued by this court on two occasions, more than a period of one and a half year has passed, still the trial proceedings have not been concluded as out of total 14 witnesses, only 07 witnesses have been examined so far. Learned counsel has placed on record order sheets of the trial court to contend that a close reading of the same will show that the witnesses who are mostly police officials despite having been summoned by the trial court from time to time, failed to appear for tendering their evidence before the trial court. The counsel submits that the trial proceedings are not being concluded on account of failure of the witnesses in appearing before the trial court. The witnesses who are not appearing before the trial court are officials of the police department, therefore, the directions issued by this court for expediting the trial proceedings could not be complied with. Learned counsel further submits that the petitioner has already suffered the incarceration for more than four and half years. The counsel for the petitioner relies upon a judgment of three Judges bench of Hon'ble Supreme Court rendered in the case of Union of India v.. K.A. Najeeb 2021 (3) SCC 713. Learned counsel further submits that casual approach of the police officials in not appearing before the trial court for their examination is hampering the trial proceedings resulting into delay in deciding the case of the petitioner for which he had to suffer the incarceration. The counsel relies upon the judgment of Hon'ble Supreme Court in the case of Tapan Das v. Union of India decided on 07.10.2021 and order of coordinate bench of this court passed in S.B. Criminal Second Bail Application No. 2392/2019 Oma Ram @ Om Prakash v.. State decided on 06.05.2019 and the observations made by this court in S.B. Criminal Misc. 3rd Bail Application No. 15198/2021 Manjeet Singh v.. State of Rajasthan decided on 07.12.2021. Therefore, it is prayed that the petitioner may be enlarged on bail.

4. Learned Public Prosecutor has filed a reply to the present bail application. He submits that on account of pandemic of Covid-19 in the country, the witnesses who are police officials could not appear before the trial court for their examination. Learned Public Prosecutor is not in position to dispute the fact that the petitioner has suffered the incarceration for more than four and half years and the orders passed by this court for expediting the trial proceedings.

5. I have considered the submissions made at the bar and gone through the relevant documents of the case. The petitioner is facing the trial for an offence under NDPS Act and has suffered the incarceration for more than four and half years. I