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2024 Supreme(Raj) 511

FARJAND ALI
Ajay Kumar S/o Shri Natthuram – Appellant
Versus
State of Rajasthan – Respondent


Advocates Appeared:
For the Petitioner: Vinod Kumar Sihag.
For the Respondent: Muktiyar Khan.

ORDER :

1. Learned counsel for the applicant does not want to press the instant criminal misc. bail application.

2. Accordingly, the instant criminal misc. bail application is dismissed as not pressed.

3. The petitioner is said to be in custody since 31.05.2018 and as such now five years have elapsed. His fundamental right to have speedy trial has certainly been infringed for no fault of him. This Court has passed an elaborated order in the matter of Lichhaman Ram @ Laxman Ram Vs. State of Rajasthan passed in S.B. Criminal Misc. Bail Application No. 5916/2023 decided on 08.02.2024; in which effect of protection of trial has been discussed; the relevant part of the said order is being reproduced as under:

    7. This Court feels that the nature and gravity of offence and availability of material in support thereof are not the only factors to be taken into account while considering a bail application. The fact that trial is to be concluded within a reasonable period of time is imperative while considering grant of bail to an accused. It is settled principle of criminal jurisprudence that there is presumption of innocence at the pre-conviction stage and the objective for keeping a person in j

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