CHANDIGARH, AUGUST 28: The Punjab and Haryana High Court has granted interim regular bail to an accused in a case involving the alleged recovery of 2.488 kilograms of heroin, citing the prolonged delay in the trial caused by the repeated non-appearance of prosecution witnesses, including serving police personnel.
The High Court observed that the accused had remained in custody since March 28, 2025, but the prosecution had failed to examine even a single witness out of the 16 witnesses cited in the case, despite repeated directions and warrants issued to secure their presence.
The Court expressed concern over the continued delay in the proceedings and held that an accused cannot be made to suffer prolonged incarceration because of circumstances beyond his control.
While considering the bail plea, the Court also referred to the constitutional guarantee of a speedy trial under Article 21 of the Constitution, emphasizing that the right to personal liberty cannot be disregarded when criminal proceedings are unnecessarily prolonged.
The Court took particular note of the repeated absence of police witnesses despite the issuance of non-bailable warrants. It directed the Director General of Police (Law and Order), Punjab, to remain personally present before the Court on the next date of hearing.
The DGP has been asked to explain the circumstances that led to the continued non-appearance of the police officials who were required to depose before the trial court despite repeated judicial directions.
The High Court made it clear that the prosecution is expected to take effective steps to ensure the presence of its witnesses and facilitate the timely completion of the trial.
The matter has now been listed for further hearing on September 21, 2026, when the Court is expected to consider the explanation regarding the absence of the police witnesses and the further status
