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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANJARI NEHRU KAUL
Sunil Kumar – Appellant
Versus
State Of Punjab – Respondent
ORDER :
Manjari Nehru Kaul, J. (Oral)
This is a third petition filed by the petitioner seeking the concession of regular bail under Section 439 of the Code of Criminal Procedure, 1973 in case FIR No.210 dated 24.08.2022 under Sections 22, 25 and 29 of the NDPS Act, 1985, registered at Police Station Sultanpur Lodhi, District Kapurthala.
2. Learned counsel for the petitioner, at the outset, has drawn the attention of this Court to the zimni orders annexed along with the petition as Annexure P-2 (colly.). It has been asserted by the learned counsel that a perusal of the zimni orders as also the other four orders of the trial Court, which have been produced in the Court today, reveal that even though charges were framed way back on 19.07.2023, the prosecution witnesses, who are all police officials, in the present case, have been repeatedly absenting themselves before the trial Court; despite issuance of bailable warrants to secure their presence, they had failed to appear to get their evidence recorded. Learned counsel has, therefore, prayed that in the aforementioned facts and circumstances, the petitioner cannot be made to languish in custody, more so when he has now been in custody f
Prolonged incarceration without trial due to absent witnesses can justify bail under the NDPS Act, emphasizing the right to a speedy trial.
The right to speedy trial as a Fundamental Right and the conduct of the prosecution and police officials can influence the court's decision in granting bail under the NDPS Act.
The right to a speedy trial is fundamental and cannot be compromised by prosecution negligence, warranting bail for the accused.
The court can dispense with the conditions of Section 37 of the NDPS Act based on custody duration and delay in trial, even if the quantity recovered is commercial in nature.
The right to life and personal liberty includes the right to speedy trial, and courts should interfere to secure the personal liberty of an under trial when the trial is being delayed for reasons not....
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