BIPIN SHANTILAL PANCHAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Service of Rule is waived by ld. APP Mr. N.D.Gohil for Respondent No.1 State and ld. Spl.P.P. Mr. D.N. Patel for Respondent No.2 Director of Revenue Intelligence (DRI for short) in both these applications.

(2.) Both these Cri. Misc. Applications are preferred under sec. 439 of CrPC praying bail by the petitioners-accused of Sessions Case No. 162/94 pending in the Court of ld. Additional City Sessions Judge, Ahmedabad. Since in both the applications similar points are involved, they are heard and disposed of by this common order.

(3.) The petitioners of both these application i.e. Cri.Misc. Application No. 6523/2000 and 1722/2001 are facing trial of the offences punishable under sections 22 and 24 of the Narcotic Drugs and Psychotropic Substances Act,1985 read with section 120B of IPC and section 29 of the Narcotic Drugs and Psychotropic Substances Act,1985. (hereinafter referred to as the "NDPS Act" ). Both these petitioners had prayed earlier for bail pending trial on more than one occasions before this Court and before the Sessions Court. Sessions Case No. 162/94 pending in the Court of ld. Addl. City Sessions Judge, Ahmedabad, is a commenced trial and some witnesses are also examined. The petitioners came to be arrested for the alleged offences on 8.11.1993 and till then, they are in custody. Some and substance of these petitions is that though their bail plea had been rejected earlier, they should be enlarged on bail as the trial is protracted for very long period in view of the right flowing from Article 21 of the Constitution. An undertrial languishing in jail for no fault on his part, atleast should be released on bail, if it is not possible or practicable to close the trial or to terminate the proceedings considering the right of speedy trial embodied in Article 21 of Constitution. In some cases, enlargement of accused on bail may be necessary to meet the requirements of Article 21, is the backbone of the submissions advanced by ld. counsel appearing for the petitioners.