JUDGMENT/ORDER 1. Heard Mr. A. Bras Desa, learned Counsel for the applicant and Mr. P. Faldessai, learned Addl. Public Prosecutor for the respondents. 2. This is an application for bail for the offences punishable under Ss. 302, 376, 394 and 201 of the Indian Penal Code registered vide crime No.33/2017 of the Canacona Police Station. The applicant was arrested on 14/3/2017. It is alleged that the applicant had committed rape of a foreigner and then killed her. 3. The learned counsel for the applicant took pains to take me through the statements recorded under Sec. 161 of the Cr.P.C. and also the deposition of some of the material witnesses as the trial has commenced. Learned counsel urged that the material on record would indicate that the applicant had a friendly relationship with the deceased. The deceased was found lying dead in an open field with injuries on her head and face. Allegedly, she was raped. There is recovery at the instance of the applicant. The deceased was last seen in the company of the applicant. 4. Learned counsel for the applicant then submitted that there is delay in concluding the trial. He submits that the accused is in custody for 6 1/2 years and only on this ground of long incarceration, the applicant deserves to be released on bail. 5. No doubt, the applicant has been in custody for 6 1/2 years and in ordinary course that would have been a major circumstance persuading me to release the applicant on bail. Having gone through the say filed by the Investigating Officer, I think that the applicant does not deserve to be released on bail despite the long incarceration. The applicant is a history sheeter. There are several offences registered against him. The applicant has been convicted in as many as six cases filed against him for different offences of the IPC. The applicant is acquitted in several cases filed against him. 6. So far as the conduct of the applicant while in jail is concerned, the following material is placed on record by the prosecution. Subsequent to his arrest on 14/3/2017, the record reveals the following conduct of the Accused; < WXY>i. 30/9/2017 - D 20 Accused threatened to file Complaint against the Asst. Jailor when Asst. 6. So far as the conduct of the applicant while in jail is concerned, the following material is placed on record by the prosecution. Subsequent to his arrest on 14/3/2017, the record reveals the following conduct of the Accused; < WXY>i. 30/9/2017 - D 20 Accused threatened to file Complaint against the Asst. Jailor when Asst. Jailor found the Accused quarrelling with other prisoners and in a random search in the cells one hand heater and charger were found in the possession of the Accused in cell No 7 which the Accused demanded to be given back to him. ii 15/11/2017 - D-20 Complaint filed by the Accused against Asst. Jailor Paresh Desai. Which after investigations, was found to be false and dismissed. iii 6/4/2018 - D-44 The Accused attempted to influence by threat, Prosecution Witness Prashant Komarpant, matter was recorded as FIR 41/2018 on 06/04/2018, and the matter was informed to the Hon'ble Sessions Court iv 6/6/2018 - D-46 Accused filed false complaint against Asst. Jailor, making allegations of assault. On 05/09/2018 the said Complaint was subsequently found to be unsubstantiated and dismissed. v 9/7/2018 - D-53 Letter received from Central Jail, Colvale regarding report of misbehavior and non-cooperation by the Accused. vi 24/1/2019 - D-70 Due to the suspicious conduct of the Accused the Escort cell had a strong apprehension that the Accused was preparing for escape during transit to hospital and jail. The strength of the chain of facts was strong enough for the Escort cell to move an Application before the Hon'ble Sessions Court seeking permission for handcuffing the Accused during transit. After hearing the details, the Hon'ble Sessions Court was pleased to permit the handcuffing of the Accused during transit. Subsequently, after filing by the Accused of an Affidavit/undertaking for good conduct, the permission for handcuffing was restricted to subsequent transits if there was apprehension by the Escort that the Accused would escape. vii 4/11/2019 While in custody the Accused assaulted the Constable of the Escorting Party, one Shri Vasant Gaonkar, in which connection a Complaint was filed and registered as FIR 247/2019 Police Station Mapusa U/S 332, 353 IPC, the matter is under Trial before J.M.F.C. Mapusa under case no.518/S/19/F viii 8/11/2019 Due to the conduct of the Accused in Jail, by order dtd. 24/10/2019 IGP prison had to order the Cellular confinement of the Accused under Rules 370 and 374 of the Goa Prison Rules 2006. ix 11/12/2019 Accused refused to appear for video conferencing from Colvale Jail. x 27/1/2020 Jailor and Asst. Supdt of Jail submitted to the Hon'ble Sessions Court that the Accused refused to appear to VC room of the Jail, they informed the Hon'ble Sessions Court that the Accused threated them that if he is forced to come to the VC, he will cause damage to the LCD, etc. xi 3/2/2020 Accused refused to appear for video conferencing from Colvale Jail and the Hon'ble Sessions Court felt fit to pass an order that " the Accused shall be handcuffed and physically produced before this Court on the dates of hearing " xii 10/8/2020 Accused refused to appear for video conferencing from Colvale Jail. xiii 22/6/2022 While in custody the Accused masterminded delivery of narcotic drugs to the jail through prison guard Suraj Gawade, in which connection a Complaint was filed and registered as FIR 40/2022 Police Station Colvale U/S 21(b) of NDPS Act. During investigation, the Accused was subsequently arrested after gathering of evidence. xiv 30/5/2023 In the jail, 4 prisoners were attacked by 40 inmates in the hospital block, who were led by 14 other prisoners including the Accused. To avoid any serious casualty, the Jail staff present on the spot sent all above four prisoners inside the OPD Room and they were locked from inside. Even then, the mob of prisoners including the Accused attempted to attack those four prisoners by breaking the glass of window by pelting stones inside the OPD Room. Further, the Medical Officer was detained hostage inside the OPD Room almost for 01 hr, having undergone tremendous mental trauma. OPD had to be suspended to treat other waiting prisoners.</ WXY> Thereafter, the prison staff managed to take the mob out of the Main gate of the Hospital Block. However, some of the prisoners including Accused attempted to climb the Main Gate of the Hospital Block, after which he was placed in a single cell. The same has been reported by the Superintendent, Central Jail Colvale as part of their reply to the Accused's application dtd. 7/6/2023 before the Hon'ble Sessions Court, Margao. 7. However, some of the prisoners including Accused attempted to climb the Main Gate of the Hospital Block, after which he was placed in a single cell. The same has been reported by the Superintendent, Central Jail Colvale as part of their reply to the Accused's application dtd. 7/6/2023 before the Hon'ble Sessions Court, Margao. 7. Apart from the conduct referred to above, the present offence is alleged to have been committed by the applicant while on bail during the pendency of the Appeal in one of the cases in which he was convicted by the trial Court. 8. In my opinion this is not a fit case to release the applicant on bail and also considering the submission of the learned Addl. Public Prosecutor that the accused is responsible for protracting the trial. 9. The trial Court is requested to expedite the trial and conclude the same preferably with a period of one year from today. The applicant to co-operate with the trial Court in the expeditious disposal of the trial. The learned Addl. Public Prosecutor assures this Court that there will be no dereliction on the part of the prosecution in assisting the trial court in expeditious disposal of the trial. 10. Subject to the above, the application is rejected and stands disposed of.