RAJU PACHVARYA MEENA Vs. STATE OF M P

JUDGEMENT

(1.) This is second application under Section 439 of CrPC for grant of bail. First application was dismissed as withdrawn by order dated 16/01/2018 passed in MCRC 20748/2017.

(2.) The applicant is facing trial for offence under Section 363, 366, 376 read with Section 34 of IPC and Section 3/4 of the POCSO Act. It is fairly conceded by the counsel for the applicant that the prosecutrix and her mother have been examined and they have supported the prosecution case although the deposition sheets of the prosecutrix and her mother have not been placed on record. It is submitted that the applicant has filed some of the order sheets of the trial Court, which clearly show that the trial is not progressing and the witnesses are not turning up and on some dates, the Court was vacant. In order to substantiate his submission, the counsel for the applicant has relied upon a judgment passed by the Supreme Court in the case of Sanjay Chandra vs. Central Bureau of Investigation, (2012) 1 SCC 40.

(3.) Per contra, it is submitted by the counsel for the State that where the prosecution witnesses have supported the prosecution case, then the Court instead of releasing the applicant on bail on the ground of delay in trial, may direct the trial Court to decide the trial, as early as possible.