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KULDEEP MATHUR
Bhavesh – Appellant
Versus
State Of Rajasthan – Respondent
| Table of Content |
|---|
| 1. arrest context and charges. (Para 1) |
| 2. arguments regarding custody and witness examination. (Para 2 , 3 , 4) |
| 3. importance of balancing statutory restrictions and constitutional rights. (Para 5) |
| 4. court considerations on prolonged trial and custody. (Para 6 , 7 , 8) |
| 5. granting bail based on extended custody. (Para 9) |
ORDER :
Mr. Kuldeep Mathur, J. - This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.152/2019 registered at Police Station Rohat, Distt Pali, for offence under Section 8 /15, 8/25 and 8/29 of the NDPS Act.
2. Learned counsel for the petitioner submitted that the petitioner is in custody since 03.6.2019. The allegation against the petitioner is that he was transporting contraband (Poppy Husk) weighing 151.65 kg. Learned counsel further submitted that the petitioner does not have any criminal antecedent of similar nature. It was further submitted that as per the charge-sheet filed by the investigating agency, as many as 32 prosecution witnesses are to be examined, however, out of which only eight prosecution witnesses have been examined before the trial court till da
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.
Custody duration and lack of trial progress can lead to bail grant 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.
Prolonged incarceration exceeding five years may justify bail under Section 439 Cr.P.C. despite statutory restrictions.
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.
The delay in trial and prolonged incarceration can warrant granting bail despite statutory restrictions under the NDPS Act.
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....
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