AI Structured Summary
Not yet generated for this judgment
No AI summary yet
Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.
Judgment
15 paragraphs · 298 wordsArvind Singh Sangwan, J
This is 2nd petition for grant of regular bail in FIR No.107 dated 04.07.2019 under Sections 21, 29 of NDPS Act, registered at Police Station Goindwal
Sahib, District Tarn Taran; earlier one i.e. CRM-M-16216-2020 was dismissed as withdrawn on 05.11.2020.
Learned counsel for the petitioner submits that new ground for filing this second petition is that the petitioner is in custody since 08.07.2019; charges
were framed on 04.02.2021 and out of 13 prosecution witnesses, none has been examined so far and trial is delayed due to COVID-19 situation in the
country. It is further submitted that it will be a matter of trial whether the police party has conducted the investigation in accordance with the
provisions of NDPS Act or not, as he has cited certain irregularities.
Learned State counsel has filed the custody certificate dated 27.05.2021 in the Court today and custody of the petitioner is not disputed, however, it is
submitted that the petitioner is involved in some other cases, out of which, in one case, he is in custody for the last more than 02 years.
After hearing learned counsel for the parties, without commenting anything on merits of the case, considering the fact that the trial is being delayed
due to COVID-19 situation and the petitioner is in custody for the last 01 year, 10 months and 18 days, this petition is disposed of and the petitioner is
directed to be released on interim bail till 11.10.2021 subject to furnishing his bail/surety bonds to the satisfaction of the trial Court/Duty
Magistrate/Illaqa Magistrate, concerned.
However, the trial Court, after assessing the situation, if the trial has not started in ordinary course and the evidence is recorded, may cancel or may
continue the interim bail granted to the petitioner till further orders.