IMPORTANT POINT
The accused's right to a speedy trial and the duty of the prosecution and the court to expedite the trial.

JUDGMENT :

1. The Second Bail Application has been filed by the petitioner in connection with FIR No. 128/2023 for offence u/S 366. The main ground for filing the Second Bail Application is delay in trial.

2. Learned counsel for the petitioner submits that the petitioner is in custody since 09.04.2023 and charge-sheet was filed on 01.05.2023, whereas the charge was framed on 16.08.2023. He further submits that out of the 17 prosecution witnesses, till date only one witness has been examined by the Trial Court and other witnesses could not be examined because they are not being produced by the prosecution before the court.

3. Learned counsel for the petitioner submits that the prosecution has failed in producing the prosecution witnesses before the trial court. He has also placed on record the ordersheets of the trial court proceedings.

4. Learned counsel for the petitioner further submits that speedy trial is the right of the petitioner.

5. Public prosecutor vehemently opposed the bail application and submitted that there are specific allegations of committing rape against the petitioner. He further submits that the delay in trial is not of such a nature that the petitioner could be given benefit of bail on that ground.

6. Considered the averments made by learned counsel for the petitioner as well as the public prosecutor and perused the challan papers as well as the order-sheets of the trial court.

7. From the facts on record, it is borne out that the petitioner was put to custody in the present case on 09.04.2023 for the alleged offences and after completion of investigation the investigating agency submitted charge-sheet against the petitioner on 01.05.2023 and thereafter charges were framed on 16.08.2023 against the petitioner for offences u/S 366 and 376 IPC.

8. As per the order-sheets of the trial court, on 06.09.2023, which was the first date for examining the witnesses, no witness was present before the court and the prosecution witness Nos. 1, 2 & 3 were summoned by the bailable warrants and the matter was ordered to be posted on 16.09.2023.

9. On 16.09.2023, again none of the prosecution witnesses were produced before the trial court for examination.

10. Then on 27.09.2023, no witness appeared before the trial court.

11. Again on 13.10.2023, 20.10.2023 & 26.10.2023, none of the witnesses were produced before the trial court even after the bailable warrants were issued for their presence.

12. On 01.11.2023, only one witness (PW-1) appeared before the trial court and was examined and the trial court again issued bailable warrants for other witnesses.

13. Thereafter, on 07.11.2023, 23.11.2023 & 20.12.2023, none of the witnesses were produced by the prosecution for examination before the trial court.

14. Section 309 of the Code of Criminal Procedure, 1973 provides that inquiry or trial when relates to an offence u/S 376 IPC, the inquiry or trial shall be completed within a period of two months from the date of filing of charge-sheet. Section 309 of the Cr.P.C is quoted as under:-

Section 309. Power to postpone or adjourn proceedings-

(1) In every inquiry or trial the proceedings shall be continued from day-to-day until all the witnesses in attendance have been examined, unless the Court finds the adjournment of the same beyond the following day to be necessary for reasons to be recorded:

Provided that when the inquiry or trial relates to an offence under section 376, section 376A, section 376AB, section 376B, section 376C or section 376D, section 376DA, section 376DB of the Indian Penal Code (45 of 1860), the inquiry or trial shall be completed within a period of two months from the date of filing of the charge sheet.

(2) If the Court after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers