Honble TIBREWAL, J.—Mr. K.K. Mehrish appearing for the petitioner made two fold submissions in support of his arguments to get release of the petitioner. The submissions made by Mr. Mehrish raise two questions which are of general importance. The first question is: —

"Whether an early trial/speedy trial in a criminal case is possible or practicable unless the prosecuting agency and the concerned police officers take interest and feel their accountability and responsibility towards the courts proceedings?"

A second related question is:

"How long an accused be kept in prison as an under-trial even he is facing a charge of murder if the prosecuting agency adopt an attitude of indifference?"

(2) An early decision in a criminal case or sessions trial is possible only if the prosecution witnesses appear in the Court in time. Therefore, it is essential that the witnesses are properly served in time by the concerned authorities and they are produced in the Court. However, the present case demonstrates the helplessness of the Presiding Officer of the court as both the wings, namely; the Prosecuting Agency as well as the concerned police officers have behaved in a callous manner and showed indif

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