SANDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Prayer in the present petition is for grant of regular bail to the petitioner in FIR No.58 dtd. 1/5/2020 registered under Ss. 21, 25 and 29 of the NDPS Act, 1985 and Ss. 307, 427, 270 read with Sec. 34 of Indian Penal Code, 1860 at Police Station Special Task Force, District STF Wing, SAS Nagar.

(2.) Learned counsel for the petitioner has submitted that the petitioner is in custody since 1/5/2020 (more than 2 years and 6 months) and the investigation is complete and challan has been presented and there are 14 prosecution witnesses, out of which, none have been examined as yet and thus, the conclusion of trial is likely to take time. It is further submitted that the petitioner is not involved in any other case. It is contended that no injury has been caused to any police officials and rather one gunshot injury has been suffered by the present petitioner on the left leg. It is further contended that further incarceration of the petitioner would be violative of the right of the petitioner enshrined under Article 21 of the Constitution of India.

(3.) Learned counsel for the petitioner has relied upon an order dtd. 12/1/2022 passed by the Division Bench of this Court in CRM-3773-2019 in CRA-D-198-DB-2017 titled as Bhupender Singh Vs. Narcotic Control Bureau, order dtd. 22/8/2022 passed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.5530-2022 titled as "Mohammad Salman Hanif Shaikh Vs. The State of Gujarat, order dtd. 7/2/2020 passed by the Hon'ble Supreme Court in Criminal Appeal No.245/2020 titled as " Chitta Biswas Alias Subhas Vs. The State of West Bengal", order dtd. 5/8/2022 passed by the Hon'ble Supreme Court in Criminal Appeal No.1169 of 2022 titled as "Gopal Krishna Patra @ Gopalrusma Vs. Union of India,", order dtd. 1/8/2022 passed by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.5769/2022 titled as "Nitish Adhikary @ Bapan Vs. The State of West Bengal", in support of his arguments that on the basis of long custody alone, the petitioner deserves the concession of regular bail.