Back
MANOJ KUMAR GARG
Panchi Ram S/o Sh. Rajaram – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
1. The present second bail application has been filed under Section 483 B.N.S.S. (439 Cr.P.C.) on behalf of the petitioner who is in judicial custody in connection with FIR No.253/2021 registered at Police Station Jetsar, District Sriganganagar for the offences punishable under Sections 8/22 & 8/29 of the NDPS Act.
2. The first bail application was dismissed as not pressed by this Court vide order dated 21.08.2024.
3. Learned counsel for the petitioner submits that the petitioner is behind the bars for more than three years and up to this time no prosecution witnesses has been examined. 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 vs. The State of Odisha (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 con
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.
The delay in trial and prolonged incarceration can warrant granting bail despite statutory restrictions under the NDPS Act.
The right to speedy trial and the interpretation of statutory restrictions on bail under the NDPS Act were central to the court's decision.
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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
