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FARJAND ALI
Ramesh Kumar S/o Shri Mangla Ram – Appellant
Versus
State Of Rajasthan, Through PP – Respondent
ORDER :
Farjand Ali, J.
1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. 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 | 34/2020 |
| 2. | Concerned Police Station | Guda Endla |
| 3. | District | Pali |
| 4. | Offences alleged in the FIR | Under Sections 341, 323, 427, 147, 148, 149 and 307 of the IPC |
| 5. | Offences added, if any | Under Sections 302 and 120-B of the IPC |
| 6. | Date of passing of impugned order | 30.01.2024 |
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. I have considered the submissions made
The right to a speedy trial is a fundamental right, and prolonged pre-conviction detention without trial is unconstitutional and unjustifiable.
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 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 impermissible.
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 trial is a violation of this right.
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 a timely 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.
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