Sukhwinder Singh @ Sukhi vs State Of Punjab

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 903

ALKA SARIN
Sukhwinder Singh @ Sukhi – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Mr. Vivek K. Thakur, Advocate, for the Appellant; Mr. Dhruv Dayal, Sr. DAG Punjab, for the Respondent.

JUDGMENT

Alka Sarin, J. (Oral) - This is the second petition filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.46 dated 07.04.2017 under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sidhwan Bet, District Ludhiana Rural. The first petition for grant of regular bail being CRM-M-18538-2020 was dismissed as withdrawn vide order dated 17.12.2020.

2. Learned counsel for the petitioner would contend that the petitioner was initially arrested on 07.04.2017 and, thereafter, he was released on interim bail vide order dated 08.05.2017. The petitioner was declared a proclaimed offender since he did not turn up post the grant of interim bail. Subsequently, he was re-arrested on 02.03.2020. Learned counsel for the petitioner would further contend that since 02.03.2020 the petitioner has been in custody. The charges in the present case were framed on 03.12.2020 and till date only one prosecution witness out of 14 has been examined.

3. Leamed State counsel has opposed the grant of bail to the petitioner on the ground that the petitioner had earlier been granted interim bail and,

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