KULDEEP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is the second petition filed under Sec. 439 Cr.P.C. for grant of regular bail to the petitioner in FIR No.125 dtd. 22/5/2021 registered under Ss. 22(C) of the NDPS Act, 1985 at Police Station City Lambi, District Sri Muktsar Sahib.

(2.) Learned counsel for the petitioner has submitted that the petitioner is in custody since 22/5/2021 (more than 2 years and 1 month), and the investigation is complete and challan has been presented and there are 16 witnesses out of which, only one has been examined till date and thus, the conclusion of trial is likely to take time. Learned counsel has further submitted that the petitioner is not involved in any other case and that the last bail application of the petitioner was dismissed as withdrawn, at that stage, on 17/11/2022 and thereafter sufficient period has lapsed and thus entitling the petitioner to file present petition for bail. It is further submitted 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 Hon'ble 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.