Sonu v. State Of Punjab
CRM-M-5168-2026 -1-
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CRM-M-5168-2026 -31 This Court has heard the rival submissions made by learned counsel for the parties at considerable length. 6.
The petitioner along with the co-accused is alleged to be found in conscious possession of commercial quantity of the contraband, illicit weapon, ammunition as well as cash amount of Rs. 12,90,000/-. It is a matter of evidence as to whether, the recovered money was drug money or not? Though the allegations prima facie make out a case for commission of the aforementioned offences as against the petitioner, however, he has been in custody for a period of more than 01 year, 07 months and 18 days. Only 03 prosecution witnesses have been examined so far. Therefore, it is apparent that the chances of conclusion of trial in near future are bleak. This factor, in the opinion of this Court, is a ground to move for bail afresh.
The Hon'ble Apex Court has observed in a catena of cases that an accused cannot be kept in custody for an indefinite period of time, and the bail application can be considered on its own merits even if it is filed repeatedly. It has also been held that every day spent in custody can provide a new cause of action for filing a bail application under certain circumstances. This principle is a part of the broader approach emphasizing that law prefers bail over jail, aiming to balance the rights of the accused with the requirements of the criminal justice system. Prolonged detention itself is a ground for reconsideration of bail since the settled principle of law is that detention prior to trial should not become punitive.
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