the bail appli c ation can be considered even if i t is filed repeatedly. The denia l of bail come s with a condition that the pr o secution must press for earl y completion o f the trial. He has clean antec e dents. He is in custody sinc e 04.09.2024. The trial will take considerabl e time to conclude. It is wel l settled propo s ition of law that grant of bail o n account of delay in trial an d long period o f incarceration is to be conside r ed in the light of Section 37 o f the NDPS A c t. Reliance in this regard can b e placed upon the observation s made by Hon’ble Apex Court in Mohd. Muslim @ Hussain v. State (NCT of Delhi), 2023 SCC OnLine SC 352, wherein i t was held that grant of bail o n account of un d ue delay in trial cannot be sai d to be fettered under Section 3 7 of the NDPS A ct, given the imperative of Se c tion 436-A of Cr.P.C. which i s applicable to offence under the Act. It w a s also observed that jails ar e overcrowded a nd their living conditions are, more often than not, appalling . The danger o f unjustified imprisonment is th a t inmates are more likely to b e hardened rath e r than reformed. Reliance can a lso be placed upon Manmandal and Another v. State of West Bengal, Special Leave Petition (Criminal) No.8656 of 2023 decided on 14.09.2023 and Rabi Prakash v. State of Odisha, 2023 LiveLaw (SC) 533, wherein t h e Hon’ble Supreme Court ha d extended ben e fit of bail to the accused who h ad been incarcerated for a lon g period by ob s erving that prolonged incarcer a tion militated against the mos t precious fun d amental right guaranteed unde r Article 21 of the Constitutio n and in such a situation, the constitutiona l principles must override th e statutory emb a rgo contained under Section 37 of the NDPS Act.
