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MANOJ KUMAR GARG
Mangi Lal – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The present fourth bail application has been filed under Section on 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 282/2020 registered at Police Station Anupgarh, District Sriganganagar for the offences punishable under Section 8/22, 25, 29 of the NDPS Act.
2. The third bail application was dismissed as not pressed on 24.11.2023 by this Court.
3. Learned counsel for the petitioner submits that the petitioner is inside the jail since 04.08.2020 and up to this time, out of 12 witnesses, only 3 prosecution witnesses have been examined.
4. In support of his contentions, learned counsel placed reliance on the recent order dated 13.07.2023 passed by Hon'ble the Supreme Court in the case of Rabi Prakash v. The State of Odisha
5. (Special Leave to Appeal (Crl.) No. 4169/2023), wherein Hon'ble the Supreme Court held as under:
4. As regard to the twin conditions contained in Section 37 of the NDPS Act, learned counsel for the respondent-State has been duly heard. Thus, the 1st condition stands complied wit
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
The court considered the prolonged custody of the petitioner and the exceptions within Section 37 of the NDPS Act to grant bail.
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
Prolonged incarceration exceeding three years justifies bail under NDPS Act despite statutory restrictions, 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 right to speedy trial and the interpretation of statutory restrictions on bail under the NDPS Act were central to the court's decision.
The delay in trial and prolonged incarceration can warrant granting bail 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....
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