DHARAMPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present second bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in custody in connection with FIR No.140/2020, Police Station Sadar, District Sri Ganganagar for the offence punishable under Sec. 8/22 of NDPS Act. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(2.) Learned counsel for the petitioner submits that after rejection of the first bail application of the petitioner on 23/2/2022, out of 11 listed prosecution witnesses, testimony of 5 prosecution witnesses has been recorded before the trial court so far. Learned counsel submits that the petitioner has suffered incarceration for more than 4 years and the trial is not likely to be concluded in near future.

(3.) Learned counsel for the petitioner further submits that the delay in trial is not at all attributable to the petitioner and the same is not likely to be concluded in near future. Learned counsel for the petitioner has placed reliance on the cases of Rabi Prakash V/s State of Odisha (Special Leave to Appeal Crl. No.4169/2023) decided on 13/7/2023 and Mohd. Muslim V/s State (NCT of Delhi) reported in AIR 2023 SC1648. He, therefore, submits that considering the delay in completion of trial and the fact that petitioner faced incarceration for more than 4 years, the petitioner may be enlarged on bail. Learned Public Prosecutor opposes the bail application, however, is not in a position to refute the submissions made by the counsel for the petitioner and he submits that out of 11 witnesses, only 5 prosecution witnesses have been examined so far and the petitioner has suffered incarceration for more than 4 years. 3.I have considered the submissions made at the Bar and gone through the relevant record of the case. The petitioner is facing trial for an offence under the NDPS Act and has suffered incarceration for more than 4 years. It is a fact that out of 11 witnesses, only 5 witnesses have been examined before the trial Court so far. It appears that trial is not likely to be completed in near future.