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VIKAS BAHL
Sher Singh – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Vikas Bahl, J. (Oral)
This is the 4th petition under Section 439 Cr.P.C. for grant of regular bail to the petitioner in FIR no.64 dated 21.05.2020 registered under Sections 21/22/296185 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act") at Police Station Panjokhra, District Ambala, Haryana.
2. Learned counsel for the petitioner has submitted that the petitioner has been in custody since 21.05.2020 (more than 4 years and 1 month). It is submitted that the last bail application of the petitioner was withdrawn on 17.11.2023 and since then sufficient time has already elapsed and yet the trial has not concluded. It is further submitted that recovery has already been effected from the petitioner and the petitioner is not involved in any other case. Learned counsel for the petitioner has relied upon the judgment of the Hon'ble Supreme Court passed in case titled as Parvinder Singh v. State of Punjab, reported as 2003(12) SCC 615, in support of his argument with regard to maintainability of the second regular bail application after the dismissal of the first. He has further relied upon the judgment passed by the Rajasthan High Court (
Prolonged custody and delayed trial violate the constitutional right to a speedy trial, allowing for a second bail application under the NDPS Act.
The central legal point established in the judgment is the consideration of custody period, completion of investigation, and the likelihood of trial conclusion, along with the application of the righ....
Grant of regular bail based on the length of custody, completion of investigation, and the likelihood of trial conclusion, in consideration of the right to speedy trial under Article 21 of the Consti....
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges under the NDPS Act.
The main legal point established is that the length of custody and the expected duration of the trial can be significant factors in granting regular bail under the NDPS Act, while also considering th....
The right to a speedy trial under Article 21 of the Constitution is paramount, and prolonged custody without trial can warrant the granting of bail.
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