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KULDEEP MATHUR
Hardeep Singh @ Sonu @ Pataka – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. circumstances of the petitioner's arrest (Para 1 , 2) |
| 2. petitioner's claim of false implication and trial delays (Para 3 , 4 , 5) |
| 3. arguments from the public prosecutor against bail (Para 6 , 7) |
| 4. court's interpretation of bail conditions and trial duration (Para 8 , 9) |
| 5. decision to grant bail based on custody duration (Para 10 , 11 , 12) |
ORDER :
Mr. Kuldeep Mathur, J. - This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with FIR No.257/2019 registered at Police Station Hanumangarh Sadar, District Hanumangarh, for the offences under Sections 8 /21 and 22 of the NDPS Act.
2. As per the prosecution, during routine patrolling, police team of Police Station Sadar, Hanumangarh, on 30.08.2019 at about 11.10 pm., recovered 50100 tablets of Alprafresh containing Alprazolam weighing 6.146 Kgs. from conscious possession of the present petitioner and one Mukesh Kumar. The petitioner and co-accused were arrested on the spot.
3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the petitioner is in judicial custody since 30
Custody duration and lack of trial progress can lead to bail grant despite statutory restrictions under the NDPS Act.
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.
The central legal point established in the judgment is that prolonged incarceration militates against the fundamental right guaranteed under Article 21 of the Constitution, and bail can be granted ba....
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.
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 incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
Prolonged pre-trial detention can justify bail despite statutory restrictions, emphasizing the right to personal liberty and speedy trial.
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