Gujarat High Court: In a regular bail application filed by the accused under Section 439 of the Code of Criminal Procedure, 1973, in connection with an FIR registered under Sections 8(C), 20(b)(ii)(C), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, a Single Judge Bench of Gita Gopi, J., allowed the application holding that the case was fit for exercising discretion in favour of the accused due to the fundamental right guaranteed under article 21 of the constitution, the prolonged incarceration of the accused and the blink hope of speedy trial.
The Court noted that the rojnama of the trial showed that though the matter had been opened for the prosecution in 2022, nothing substantial had occurred in the trial proceedings so far. Additionally, the matter had been adjourned almost 78 times.
After considering the law regarding the precious fundamental right guaranteed under Article 21 of the Constitution, the prolonged incarceration of the accused, and the bleak hope of any speedy trial in the matter, the Court held that it was a fit case where discretion could be exercised in favour of the accused.
Holding the aforesaid, the Court allowed the application, thereby releasing the accused on regular bail subject to a personal bond of Rs 15,000.
[Tofan Sudarshan Sahu v. State of Gujarat, 2025 SCC OnLine Guj 783, decided on 28-02-2025]
Advocates who appeared in this case:
For the applicant: Arjunsingh B Chauhan
For the respondent: APP Utkarsh Sharma
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