Back
2021 Supreme(Raj) 2180
RAJASTHAN HIGH COURT
Vijay Bishnoi, J.
Bhanwarlal - Appellant
Versus
State of Rajasthan - Respondent
Criminal Miscellaneous Second Bail Application No. 10910 of 2021
Decided On : 20-11-2021
Important Points
Subject
Criminal Law - Bail
Act Referred
Headnote
BAIL - CRIMINAL PROCEDURE - The court dismissed the second bail application under Section 439 Cr.P.C. as not pressed, emphasizing the need for the trial court to expedite proceedings due to the petitioner's prolonged custody of approximately four years.
Fact of the Case:
The petitioner filed a second bail application under Section 439 Cr.P.C. but later chose not to press the application, citing the lengthy duration of custody.
Finding of the Court:
The court acknowledged the petitioner's prolonged custody and directed the trial court to expedite the trial process.
Issues: Whether the trial court should expedite the trial given the petitioner's lengthy custody period.
Ratio Decidendi: The court's decision was influenced by the principle of ensuring timely justice, particularly in cases where an individual has been in custody for an extended period.
Result: The second bail application was dismissed as not pressed, with a directive to expedite the trial.
R.K. Charan, Advocate, Vikram Sharma, Advocate
JUDGMENT
Vijay Bishnoi, J. - After attempting to argue the matter on merits for quite some time, learned counsel for the petitioner has submitted that he does not want to press this criminal misc. second bail application, however, prayed that as the petitioner is in custody since about 4 years, the trial court be directed to expedite the trial.
2. Accordingly, this criminal misc. second bail application preferred by the petitioner under Section 439 Cr.P.C. is dismissed as not pressed. However, it is expected that the trial court shall expedite the trial as the petitioner is in custody since about 4 years.
