Full Judgment
1 M.Cr.C.No.79/2013 21.2.2013 Shri Madan Singh, learned counsel for the applicant.
Shri Manot Soni, Special Public Prosecutor Narcotics for Union of India.
This is the 7th bail application of the applicant who has been arrested in Crime No.1/2008 for offences under Section 9A/25A read with 22A, 28 and 29 of the NDPS Act.
Applicant has been in custody since 16.11.2008 and till date about 5 years of custody has been undergone by the applicant.
The total sentence which can be imposed upon him is not more than 10 yeaRs.That being so, he has been already undergone half of the sentence.
Inspite of repeated orders passed by this Court in the previous bail applications, trial has not been concluded.
That apart, 12 witnesses have been examined, three witnesses have been turned hostile and from the statement of other witnesses there is nothing to implicate the applicant.
Taking note of the totality of circumstances, I am of the considered view that it is a fit case where not bail can be granted to the applicant looking to the fact that applicant is in jail for all these period.
It seems that he has already undergone half of the sentence.
Keeping in view the aforesaid, it is a fit case where bail should be granted to the applicant.
Accordingly, this application is allowed.
It is directed that applicant Sumant Singh be released on bail on furnishing a personal bond in the sum of Rs.50,000/- 2 (Rupees Fifty thousand) with two solvent surety in the like amount to the satisfaction of trial court for his appearance before the trial Court on such dates as may be ordered.
Application stands allowed and disposed of.
C.C.as per rules.
(RAJENDRA MENON) JUDGE Mrs.mishra