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2022 Supreme(P&H) 1636

B. S. WALIA
Jagtar Singh Alias Jagga – Appellant
Versus
State of Punjab – Respondent


Advocates appeared:
Mr. Amardeep Singh, Advocate for the petitioner. Mr. Ayush Sarna, AAG, Punjab

JUDGMENT

B.S. Walia, J. (Oral) - Prayer in the second petition under Section 439 of Cr.P.C. is for grant of regular bail to the petitioner during pendency of trial in case FIR No.0325 dated 10.11.2020, registered under Section 22 of the Narcotics Drugs and Psychotropic Substances Act, 1985, at Police Station Kathu Nangal, District Amritsar.

2. Learned counsel contends that CRM-M-30963-2021, was permitted to be withdrawn at that stage vide order dated 18.08.2021 whereas the instant petition has been filed subsequently on account of no progress having been made in the trial.

3. Learned counsel contends that the petitioner is in custody since 10.11.2020, challan has been presented, charges have been framed and out of 11 prosecution witnesses not even a single prosecution witness has been examined.Learned counsel contends that the petitioner is entitled to be released on regular bail in view of the decision of Hon'ble the Supreme Court in Chhita Biswas alias Subhas vs. State of West Bengal, SLP (Crl.) No.8823 of 2019, law finder doc ID #1938935, Narcotic Control Bureau vs. VipanSood and another, Special Leave to Appeal (Criminal) No.5852 of 2021, upholding the order of a coordinate bench

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