Limitation Act | Litigant Cannot Be Punished For Court's Own Docket Load: J&K High Court Illicit Affair Alone Cannot Make a Man Guilty of Abetting Suicide: Supreme Court Quashes Charge Under Section 306 IPC Landlord Cannot Be Punished for Slowness of Courts: Supreme Court on Bonafide Need in Eviction Suits Expect States To Enact Laws Regulating Unlicensed Money Lenders Charging Exorbitant Interest Contrary To 'Damdupat': Supreme Court Accused Who Skips Lok Adalat After Seeking It, Then Cries 'Prejudice', Cannot Claim Apprehension of Denial of Justice: Madras High Court Refuse To Transfer Case IO Cannot Act Without Prior Sanction: Gujarat High Court Grants Bail, Flags Procedural Lapse in Religious Conversion Case Electricity Board Strictly Liable For Unprotected Transformer, 7-Year-Old Cannot Be Guilty Of Contributory Negligence: Allahabad High Court POCSO Conviction Can't Stand For Offence Not Charged: Delhi High Court Member of Unlawful Assembly Cannot Escape Conviction By Claiming He Only Carried a Lathi and Struck No One: Allahabad High Court Jurisdiction Cannot Be Founded On Casual Or Incidental Facts If Not Have A Direct Nexus With The Lis: : Delhi High Court Clause Stating Disputes "Can" Be Settled By Arbitration Is Not A Binding Arbitration Agreement: Supreme Court State Cannot Plead Helplessness Against Sand Mafia; Supreme Court Warns Of Paramilitary Deployment, Complete Mining Ban In MP & Rajasthan Authority Cannot Withdraw Subsidy Citing Non-Compliance When It Ignored Repeated Requests For Inspection: Supreme Court Out-of-State SC/ST/OBC Candidates Cannot Claim Rajasthan's Reservation Benefits in NEET PG Counselling: Rajasthan High Court Supreme Court Upholds Haryana's Regularisation Of Qualified Ad Hoc Staff As 'One-Time Measure', Strikes Down Futuristic Cut-Offs

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

07 May 2024 8:19 AM

By: Admin


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 28th 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    

Latest Legal News