GURBACHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This second application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.43/2020 registered at Police Station Sangriya, District Hanumangarh, for offence under Sec. 8/22 of the NDPS Act. As per the prosecution, during routine patrolling, police team of Police Station Sangriya, District Hanumangarh, on 1/2/2020, recovered 3250 tablets of Trio-SR Tramadol Hydrochloride from conscious possession of the present petitioner. He was arrested on the spot.

(2.) Learned counsel submitted that the petitioner is in custody since 1/2/2020. It was also submitted that trial against the petitioner has commenced but in last more than 3 years and 10 months, out of total 10 cited prosecution witnesses, only 4 witnesses have been examined till date. Learned counsel submitted that the delay in trial before the competent criminal court is not at all attributable to the present petitioner. Learned counsel submitted that in view of the fact that the petitioner is in custody for last more than 3 years and 10 months and the delay in trial is not attributable to him, he deserves to be enlarged on bail.

(3.) In support of his contentions, learned counsel placed reliance on the order dtd. 13/7/2023 passed by Hon'ble the Supreme Court in the case of Rabi Prakash vs. The State of Odisha (Special Leave to Appeal (Crl.) No.4169/2023), wherein Hon'ble the Supreme Court held as under:-