Prabhdeep Singh Alias Prabh vs State Of Punjab on 17 October, 2022
[14] I have considered the submissions of learned counsel.
[15] Admittedly, the petitioner is in custody since 03.04.2019 i.e.
for a period of close to 02 years and 09 months after excluding the period
of interim bail during which report was awaited from the Forensic
Science Laboratory and out of 11 prosecution witnesses only 02 were
examined on 13.03.2020 whereafter no prosecution witnesses have been
examined and today the case has been adjourned to 17.11.2022. It also
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CRM-M-35051-2022 [9]
needs noticing here that the prosecution witnesses have not turned up to
give evidence despite the issuance of bailable warrants on a number of
dates. The petitioner does not have criminal record other than the instant
case andthe trial is likely to take considerable period of time.
Accordingly, in view of examination of only two prosecution witnesses
that too in March 2020, consequential denial of the right of the petitioner-
accused to a speedy trial despite directions by this Court vide order,
Annexure P/2 dated 07.09.2021, and the resultant entitlement to bail in
the light of decision of Hon'ble the Division Bench of this Court in
Harpal Singh's case, of Hon'ble the Supreme Court in Lokesh Chadha's,
Amit Singh @ Moniand ChittaBiswa's case, besides in view of the
decision of a co-ordinate Bench of this Court in Gaurav Chadha's case,
Jagtar Singh @ Jagga's case, Ankush Kumar @ Sonu's case, Ajay
Kumar @ Nanu's case, besides, VipanSood's case as upheld by Hon'ble
the Supreme Court as also the other judgments referred to above, the
instant petition is allowed and the petitioner ordered to be released on
regular bail during the pendency of the trial, subject to his furnishing bail
/ surety bonds to the satisfaction of the learned CJM / Trial Court / Duty
Magistrate, concerned, provided he is not required in any other case. The
petitioner shall also abide by the following conditions:-