Ruled in favour of Kuldeep Singh @ Bainza (Petitioner)
In Short
An accused person who spent years in prison waiting for his drug trial to finish asked the High Court for regular bail. The court noted that the trial was moving very slowly and granted him bail because waiting indefinitely in jail violates the right to a speedy trial.
The Parties
Party A: Kuldeep Singh @ Bainza
Party B: State of Punjab
Advocates & Judges
For Party A: Learned Advocate Mr. Prateek Pandit
For Party B: Learned Advocate Mr. Adhiraj Singh Thind
Judge(s): Hon'ble Justice Sumeet Goel
What the Case Was About
The petitioner was arrested back in September 2017 under strict drug laws after authorities alleged they recovered heroin and a medical drug from a case registered at a local police station in Jalandhar. Even though he was once given interim bail, he failed to return on time and was later declared a proclaimed person before being placed in continuous custody starting in January 2020. With the trial dragging on and many witnesses still left to be examined, he approached the High Court to seek regular bail while waiting for his day in court.
Judgment Date
September 24, 2026
The Outcome
The court ruled in favour of the petitioner and granted him regular bail. The judge ordered his release subject to furnishing bail bonds and surety bonds satisfactory to the trial court.
What the Court Looked At
- The court noted that the petitioner has been in continuous custody since January 2020 across cases.
- Out of 15 cited prosecution witnesses, only 7 have been examined and 5 have been given up so far.
- The court observed that the conclusion of the trial will clearly take a long time and the delay cannot be blamed on the accused.
- The state argued that the charges were serious and barred by strict drug law rules, but the court held that a person's fundamental right to a speedy trial cannot be ignored.
- The court reiterated that other pending FIRs against an accused cannot be the sole reason to deny bail when a proper case for bail is made out.
"An individual cannot be kept behind bars for an inordinate period of time by taking refuge in rigours laid down in Section 37 of the NDPS Act, 1985."
What This Means For You
This case shows that even when facing serious drug charges that normally carry very strict rules against granting bail, staying locked up for years without a final judgment can work in an accused person's favor. When courts and the prosecution take an unreasonably long time to finish hearing witnesses, the constitutional right to a speedy trial becomes a powerful tool to secure freedom while the legal fight continues. If you or someone you know is stuck in a lengthy legal battle without a trial in sight, Setback Solutions can help you understand your options and coordinate next steps clearly and simply.
You Still Have Options
If you are facing an endless trial, feeling stuck with a slow legal process, or wondering what to do after being behind bars for too long, remember that it is not the end of the road. You can still explore options like getting a second opinion, reviewing your case files, or seeking non-judicial guidance to figure out your next moves. Reach out to Setback Solutions for plain-language help and coordination to understand your options and map out a practical path forward. Please note that Setback Solutions is not a law firm and does not provide legal advice or guarantee any specific court outcome.