HARSH BUNGER
Harkirat Singh @ Kirat – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. application for regular bail under cr.p.c. (Para 1 , 2 , 3) |
| 2. details of alleged recovery and initial investigation (Para 4 , 5) |
| 3. arguments for and against bail application (Para 6 , 7) |
| 4. court's consideration of previous supreme court rulings (Para 8 , 9) |
| 5. assessment of time in custody and trial completion (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 6. decision to grant bail considering circumstances (Para 17 , 18) |
| 7. final order and conditions for bail (Para 19 , 20 , 21 , 22) |
Judgment
Mr. Harsh Bunger, J.
Prayer in the present petition, filed under Section 439 of the Code of Criminal Procedure (for short ‘the Cr.P.C.’), is for grant of regular bail to the petitioner in case FIR No.179 dated 28.07.2021, registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’), at Police Station City Nawanshahr, District SBS Nagar.
2. Status report by way of an affidavit of Sh. Davinder Singh, P.P.S., Deputy Superintendent of Police, Nawanshahar Sub Division, District Shaheed Bhagat Singh Nagar, on behalf of respondent-State of Punjab, has been filed, which is already on record.
3. Custody certificate dated 22.04.2023 of the petiti
Bail can be granted based on the period of custody, arguable points on merits, and satisfaction of the rigors of Section 37(1)(b) of the NDPS Act in similar cases.
The main legal point established in the judgment is the significance of substantial custody, likelihood of trial taking time, and debatable issues in favor of the petitioner in granting regular bail ....
The court granted bail considering the petitioner's clean antecedents and prolonged incarceration, despite the serious charges under the NDPS Act.
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