SURENDER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.243/2020 of Police Station Suratgarh City, District Sri Ganganagar for the offence punishable under Ss. 8/22, 25, 29 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C. Learned counsel for the petitioner submits that the petitioner is inside the jail since 26/6/2020 and till date, only five prosecution witnesses have been examined, out of total 20 witnesses and the trial is yet pending.

(2.) In support of his contentions, learned counsel placed reliance on the recent 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:-

(3.) Hon'ble the Supreme Court in the case of Union of India Vs. K.A. Najeeb reported in (2021) 3 SCC 713, while dealing with the cases where fetters are placed on Court's power to grant bail and the trial has not been completed within a reasonable time, observed as under: