Kishori Paswan vs State Of Punjab - 2024 Supreme(P&H) 2039

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(P&H) 2039

PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
JASGURPREET SINGH PURI
Kishori Paswan – Appellant
Versus
State Of Punjab – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Mayur Singla, Advocate
For the Respondent: Mr. Adeshwar Singh Pannu, AAG, Punjab.

JUDGMENT :

Jasgurpreet Singh Puri, J. (Oral) -

The present is a second petition filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in FIR No.56 dated 17.08.2022, under Sections 18 and 22 of the NDPS Act, registered at Police Station Bakshiwala, District Patiala, Punjab.

2. Learned counsel for the petitioner submitted that the petitioner is in custody from 17.08.2022, which is almost 1 year and 8 months and after completing of the investigation, the police presented the challan on 08.02.2023 and thereafter, the learned trial Court framed charges on 18.05.2023 and more than 10 months have elapsed after the framing of the charges and till date not even a single prosecution witness has been examined by the prosecution. He further submitted that the allegations against the petitioner were with regard to recovery of 3 kgs. of opium and it was a case which was planted upon the petitioner, which is also substantiated from the fact that the petitioner has clean antecedents and he is not involved in any other case. He further submitted that there is no justification as to why the prosecution witnesses are not coming forward after the framin

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