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VIJAY BISHNOI
Bhanwarlal – Appellant
Versus
State of Rajasthan – Respondent
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.
The court highlighted the importance of expediting trials for individuals in prolonged custody to uphold the right to a timely trial.
The court emphasized the importance of demonstrating a change in circumstances when filing successive bail applications.
The main legal point established in the judgment is the court's discretion to grant bail based on the period of custody, the likelihood of considerable time for trial conclusion, and the nature of ac....
Bail should be denied when the accused misuses interim bail and the trial is ongoing, reflecting the court's concern for the integrity of the judicial process.
The need for a substantial change in circumstances for successive bail applications and the limited impact of the period spent in custody and the framing of charges on the bail application.
Bail – Fifth bail application filed solely on the ground of custody period of accused and keeping in view fact that trial against him has not been completed till date, deserves to be accepted.
Prolonged custody and delayed trial violate the constitutional right to a speedy trial, allowing for a second bail application under the NDPS Act.
The gravity of the charges, the interest of society, and the likelihood of the accused being available for trial are crucial factors in deciding bail applications.
Prolonged incarceration without trial infringes fundamental rights under Article 21 of the Constitution, justifying bail when prosecution delays proceedings unnecessarily.
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