PUNJAB HARYANA HIGH COURT ]

BALJIT vs STATE OF PUNJAB CRMM 63157/23 20/12/23 [ HARPREET JJ ] [

Section 439 CRPC NDPS ACT Section 37 Regular Bail – Alleged that petitioner, along with a co-accused, was involved in the transportation and distribution of intoxicant tablets’ – Involvement in other NDPS cases – Petitioner has been in custody for more than 03 years and 04 months and 11 prosecution witnesses out of 19 are yet to be examined and the trial has not even reached the halfway mark – Without commenting on merits, bail granted. [Paras 5, 6, 10 and 11]

Relevant Paras

5. The foundational concept of the criminal jurisprudence is to ensure speedy trial. The Hon’ble Supreme Court has repeatedly reiterated that right to speedy trial is enshrined in Article 21 of the Constitution of India. Speedy trial would cover investigation, enquiry, trial, appeal, revision and retrial etc. i.e. everything starting with the accusation against the accused and expiring with the final verdict of the last court.
6 . It has further been held in law that if a person is deprived of his liberty under a procedure which is not reasonable, fair, or just, such deprivation would be violative of his fundamental right under Article 21 of the Constitution of India. The procedure so prescribed must ensure speedy trial for determination of the guilt of such person. Some amount of denial of personal liberty cannot be avoided, but if the period of deprivation pending trial becomes excessively long, the fairness guaranteed by Article 21 of the Constitution of India would come into play and it would prevail over the embargo created by Section 37 of the NDPS Act.

10. Having considered the entire facts and circumstances of the case especially the fact that the petitioner has been in custody for more than 03years and 04 months and 11 prosecution witnesses out of 19 are yet to be examined and the trial has not even reached the halfway mark.
11. The present petition seeking regular bail to the petitioner is allowed solely on the ground of long custody already undergone by him and without commenting on the merits of the case lest it may prejudice the outcome of the case pending before the trial Court. The petitioner is ordered to be released on regular bail, subject to his furnishing bail/surety bonds to the satisfaction of the CJM/Duty Magistrate concerned.

 

To read the Judgment click here 

BALJIT SINGH @ KALA V:S STATE OF PUNJAB CRM-M_63157_2023_20_12_2023_FINAL_ORDER

 

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