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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUMEET GOEL
Joga Singh – Appellant
Versus
State Of Punjab – Respondent
| Table of Content |
|---|
| 1. factual basis for the petition. (Para 1 , 2) |
| 2. arguments for and against bail application. (Para 3 , 4) |
| 3. court's reasoning on bail considerations. (Para 5 , 6) |
| 4. order for granting bail. (Para 7 , 8 , 9 , 10 , 11) |
JUDGMENT :
SUMEET GOEL, J.
1. Present third petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS ’) for grant of regular bail to the petitioner in case bearing FIR No.29 dated 13.02.2023, registered for the offences punishable under Sections 304 / 120-B of the Indian Penal Code, 1860 (for short ‘ IPC ’) [ Sections 21 /21-B/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) added later on], at Police Station Phillaur, District Jalandhar Rural.
2. The case set up in the FIR in question (as set out in the present petition by the petitioner) is as follows:
“Statement of Kiran w/o Late Sanjay Kumar r/o Rishi Nagar ward no.10 P.S Phillaur District Jalandhar aged about 40 years mobile 82645-04704. Stated that I am resident of above mentioned address and am a house wife. My husband Sanjay Kumar has died 9 years ago. I have three sons i.e. elder is Rishu and younger to him was
Prolonged detention without trial infringes on the fundamental right to life and liberty, necessitating bail even for serious offences if trial delays are unjustifiable.
Prolonged detention without trial violates the right to a speedy trial, and justifies bail even under stringent provisions of the NDPS Act.
The right to a speedy trial under Article 21 can justify bail in drug cases despite stringent NDPS Act provisions, when trial delays are unreasonable.
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