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2023 Supreme(P&H) 412

VIKAS BAHL
Himanshu Chopra – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Kapil Khanna, Advocate for the Appellant; Ms. Jasleen Kaur Sidhu, DAG, Punjab.

JUDGMENT

Vikas Bahl, J. (Oral) - This is the second petition filed under Section 439 of Cr.P.C. for grant of regular bail to the petitioner in FIR No.09 dated 07.02.2022, registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act (Section 61 of the NDPS Act has been added later on), at Police Station Banur, District Patiala.

2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 07.02.2022 and the investigation is complete and challan has been presented and there are 11 prosecution witnesses, out of which, only 4 witnesses have been examined as yet and thus, the conclusion of trial is likely to take time and the last bail application of the petitioner was dismissed as withdrawn at that stage on 07.09.2022 and even thereafter, the trial has not made any progress, thus, entitling the petitioner to file the present bail petition and keeping in view the custody of the petitioner, he deserves the concession of regular bail, as any further incarceration would be violative of the right of the petitioner enshrined under Article 21 of the Constitution of India. Learned counsel for the petitioner has relied upon various orders of the

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