DELHI HIGH COURT
JASMEET SINGH
Gurmito – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT
Jasmeet Singh, J. (Oral)
1. This is an application seeking release of applicant on regular bail till final disposal of CBI EO-II EOU-V New Delhi registered by Central Bureau of Investigation in connection with FIR No. RC 220/2016/E0022/CBI/EO-II u/s 20 read with Sec 8 and 29 of NDPS Act, 1985 (hereinafter "Act") registered by CBI dated 17.12.2016, giving rise to filing of charge sheet no. 2/2017 dated 31.03.2017.
2. It is submitted by Mr. Natrajan, learned counsel for the applicant that the applicant has been in judicial custody since 18.12.2016 except for a period of 20 days (16.06.2021 to 06.07.2021) and she is covered by judgement of Hon'ble Supreme Court in Supreme Court Legal Aid Committee (Representing undertrial prisoners) vs. Union of India, (1994) 6 SCC 731.
3. The Ld. Counsel for the Applicant submits that in terms of this judgment where an undertrial prisoner is charged with an offence under the Act with minimum imprisonment of 10 years and minimum fine of 1 lakh, such an undertrial prisoner may be released on bail if he has been in jail for not less than 5 years subject to conditions prescribed in the said judgment.
4. Mr. Bhardwaj, learned counsel for
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