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MANOJ KUMAR GARG
Bhagwana Ram @ Bhala Ram – Appellant
Versus
State, Through Special Public Prosecutor – Respondent
ORDER
1. This is the second bail application under Section 439 Cr.P.C. The petitioner was arrested in connection with FIR No.VIII(IO)/03/NCB/JZU/2017, Police Station NCB Jodhpur for the offence under Sections 8/18, 25 of NDPS Act.
2. The first bail application of the petitioner was dismissed by this Court vide order dt. 21.03.2018 as not pressed.
3. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. The petitioner is inside the jail since 15.03.2017 i.e. for last more than five years and 10 months and the trial is yet pending. Learned counsel while placing reliance on the decision of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation & Anr. in Special Leave Petition (Crl.) No.5191 of 2021 has contended that a prolonged trial against the petitioner who is under custody since long, would be violative of Article 21 of the Constitution. It is therefore, prayed that since the petitioner is inside jail and the trial of the case will take a sufficient long time, the benefit of bail may be granted to the accused-petitioner.
4. Learned Public Prosecutor has opposed the bail applic
Prolonged pre-trial detention without a speedy trial violates constitutional rights, justifying bail under Section 439 Cr.P.C.
Delay in trial and prolonged incarceration can be grounds for granting bail, as observed in previous court decisions.
The court considered the prolonged custody of the petitioner and the exceptions within Section 37 of the NDPS Act to grant bail.
The court considered the prolonged incarceration and the unlikelihood of the trial being completed in the near future as grounds for granting bail.
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
The delay in trial and prolonged incarceration can warrant granting bail despite statutory restrictions under the NDPS Act.
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
Long custody can justify bail under UAPA, emphasizing the right to a speedy trial as per Article 21.
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
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