VINIT KUMAR MATHUR
Dineshpuri – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
VINIT KUMAR MATHUR, J.:— The present third bail application has been filed under Section 439 Cr. P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No. 102/2017, Police Station Desuri, District Pali for the offence under Sections 8 /15, 25 & 29 of NDPS Act.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.
3. Learned counsel for the petitioner submits that the second bail application of the petitioner was dismissed by this court vide order dated 05.07.2022 with a direction to the learned trial court to expedite the trial proceedings and conclude the same at the earliest. The present third bail application has been filed on the ground that despite the directions having been issued by this court, the trial is not being proceeded and concluded. Learned counsel for the petitioner further submits that the petitioner has suffered incarceration for more than five and a half years. He submits that despite the directions having been issued by this Court, the trial is proceeding at a snail's pace and out of 24 witnesses, only 9 witnesses have been examined so far. Learned coun
Prolonged incarceration and delays in trial can justify bail under Section 439 Cr.P.C., emphasizing the right to a speedy trial under Article 21.
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.
The delay in trial and prolonged incarceration can warrant granting bail despite statutory restrictions under the NDPS Act.
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
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