VIKAS BAHL
Chanchal – Appellant
Versus
State of Punjab – Respondent
JUDGMENT
Mr. Vikas Bahl, J. (Oral
This is the third petition filed under Section 439 Cr.P.C., 1973 for grant of regular bail to the petitioner in FIR No.239 dated 02.09.2021 registered under Sections 22 /61/85 of the NDPS Act, 1985 ( Section 29 of the NDPS Act has been added later on) at Police Station Gobindgarh Mandi, District Fatehgarh Sahib.
2. Learned counsel for the petitioner has submitted that the petitioner is in custody since 02.09.2021 and the investigation is complete and challan has been presented and there are 15 prosecution witnesses, out of which, only one witness has 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thus, the conclusion of trial is likely to take time and the last bail application of the petitioner was dismissed as withdrawn at that stage on 02.02.2023 and even thereafter, the trial has not made any progress, thus, entitling the petitioner to file the present bail petition and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 Hon
Prolonged custody without trial, combined with completed investigation, can justify granting bail under Article 21, even with serious charges 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....
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....
Prolonged custody and delayed trial violate the constitutional right to a speedy trial, allowing for a second bail application under the NDPS Act.
The main legal point established in the judgment is that the right to speedy trial under Article 21 of the Constitution can override the statutory embargo created under Section 37(1)(b)(ii) of the ND....
Prolonged incarceration and delays in trial can override the statutory restrictions on bail under the NDPS Act, ensuring compliance with the right to a speedy trial.
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