RAM NIWAS Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition seeking regular bail in case FIR No. 120 dated 18.07.2007, under Sections 18/25, 29/61, 85 of the N.D.P.S. Act, registered at Police Station Raikot, District Ludhiana.

(2.) LEARNED counsel for the petitioner has stated that petitioner is in judicial custody w.e.f. 18.07.2007. LEARNED counsel has further stated that Investigating Officer Amarjit Singh and attesting witness Jaswant Singh are absconding in another criminal case registered against them, hence, are not available to make statement in the present case in support of the prosecution story. Mr. K.D. Sachdeva, Additional Advocate General, Punjab, on the instructions of ASI Harbans Singh, states that since Investigating Officer Amarjit Singh is not available, therefore, ASI Harbans Singh is deputed by the S.H.O. to appear before this Court.

(3.) HON"ble Apex Court in the matter of State of Kerala vs. Raneef reported in 2011(1) R.C.R. (Criminal) 381 has held that in the event of rejection of the bail application, time spent in jail during the trial cannot be restored to the accused-petitioner, if accused-petitioner is ultimately acquitted.