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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
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.
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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