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FARJAND ALI
Gena Ram S/o Kana Ram – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
FARJAND ALI, J.
1. The jurisdiction of this court has been invoked by way of filing an application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
| 1. | FIR Number | 204/2017 |
| 2. | Concerned Police Stationq | Khinvsar |
| 3. | District | Nagaur |
| 4. | Offences alleged in the FIR | Sections 147, 148, 149, 323, 447 & 302 of the IPC |
| 5. | Offences added, if any | Sections 325 & 302/34 of the IPC |
| 6. | Date of passing of impugned order | order 23.04.2024 |
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. Have considered the submissions made by both the parties and perus
Prolonged pre-trial detention violates the fundamental right to a speedy trial, necessitating bail for the accused.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged pre-trial detention without reasonable cause is a violation of this right.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is unjust.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged pre-trial detention without trial is a violation of this right.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is impermissible.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged pre-conviction detention without trial is unjust and infringes upon the accused's right....
The right to a speedy trial is a fundamental right under Article 21 of the Constitution of India, and prolonged detention without trial is a violation of this right.
The right to a speedy trial is a fundamental right under Article 21 of the Constitution, and prolonged detention without trial is a violation of this right.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial infringes on personal liberty.
The right to a speedy trial is a fundamental right, and prolonged pre-conviction detention without trial is unconstitutional and unjustifiable.
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