GURPAL SINGH @ PALA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is a petition seeking regular bail in case FIR No. 153, dated 19.07.2010, under Sections 18/61/85 of N.D.P.S. Act, registered at Police Station Jandiala, District Amritsar.

(2.) LEARNED Counsel for the Petitioner states that Petitioner is in judicial custody w.e.f. 19.07.2010 and despite of two dates fixed, neither Investigating Officer has been examined nor other witnesses have been examined. Learned Counsel, while placing reliance on the judgment the Hon'ble Apex Court in the matter of State of Kerala v. Raneef reported in, 2011 (1) R.C.R. 381, has vehemently argued that in the event of rejection of the bail application, time spent in jail during the trial, cannot be restored to the Petitioner -accused, if ultimately accused -Petitioner is acquitted by the Trial Court. He has further argued that trial shall take some time to be concluded and there is no likelihood to conclude the trial in near future.

(3.) IN the opinion of this Court, if there is no likelihood to conclude the trial in near future, then as per the dictum of the Hon'ble Apex Court in the matter of State of Kerala (supra), Petitioner is entitled to be enlarged on bail.