“Right to Speedy Trial Entitles First-Time Offenders to Bail” – Punjab & Haryana High Court

In a landmark judgment, the Punjab & Haryana High Court granted bail to two individuals charged under the NDPS Act, emphasizing the importance of a speedy trial. Hon’ble Mr. Justice Jasjit Singh Bedi passed the judgment on 28^th July 2023 in the cases CRM-M-24953-2021 and CRM-M-5334-2023.

“The rigors of Section 37 of the NDPS Act can be diluted to an extent in view of the salutary provisions of Article 21 of the Constitution of India which provides for the right to a speedy trial,” observed Justice Bedi (Para 8 of the judgment).

The petitioners, Amit Sharma @ Kala and Rajan Kumar, were accused of drug trafficking and had been in custody since 04.05.2020. The Court noted the slow progress of the trial, with only three out of the 22 prosecution witnesses examined so far.

Citing precedents such as Nitish Adhikary @ Bapan Vs. The State of West Bengal and Hasanujjaman & others Vs. The State of West Bengal, the court decided to grant bail. “The case of the petitioners can be considered for the grant of bail,” the Court ruled (Para 8).

While granting bail, the Court imposed certain conditions, including that the petitioners must appear before the police station concerned on the first Monday of every month until the conclusion of the trial. The Court also directed them to deposit a fixed amount with the trial court.

The judgment sets a crucial precedent for the grant of bail in cases with extended pre-trial detention and slow trial progress, especially for first-time offenders.

Date of Decision: 28.07.2023

AMIT SHARMA @ KALA    vs STATE OF PUNJAB