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Judgment
Alok Singh, J.—This is a petition seeking regular bail in case FIR No. 120 dated 18.07.2007, under Sections 18/25, 29/61, 85 of the N.D.P.S. Act, registered at Police Station Raikot, District Ludhiana.
Learned Counsel for the Petitioner has stated that Petitioner is in judicial custody w.e.f. 18.07.2007. Learned Counsel has further stated that Investigating Officer - Amarjit Singh and attesting witness - Jaswant Singh are absconding in another criminal case registered against them, hence, are not available to make statement in the present case in support of the prosecution story.
Mr. K.D. Sachdeva, Additional Advocate General, Punjab, on the instructions of ASI Harbans Singh, states that since Investigating Officer - Amarjit Singh is not available, therefore, ASI - Harbans Singh is deputed by the S.H.O. to appear before this Court.
Mr. Sachdeva has fairly stated that in the present case, prosecution witnesses could not be examined because Investigating Officer - Amarjit Singh and attesting witness - Jaswant Singh are absconding in another criminal case pending against them.
Hon''ble Apex Court in the matter of State of Kerala v. Raneef reported in 2011(1) R.C.R. (Criminal) 381 has held that in the event of rejection of the bail application, time spent in jail during the trial cannot be restored to the accused-Petitioner, if accused-Petitioner is ultimately acquitted.
In the present case, trial seems to take more time and accused-Petitioner is in judicial custody w.e.f. 18.07.2007.
Considering the totality of the facts and circumstances of the case, present petition is allowed. Let, Petitioner be released on bail to the satisfaction of the learned Trial Court.