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PUSHPENDRA SINGH BHATI
Shrawan Kumar S/o Pappu Ram Lohar – Appellant
Versus
State Of Rajasthan – Respondent
ORDER :
1. This Court perused the material available on record.
2. The petitioner has been arrested in connection with FIR No.204/2019 of Police Station Rajiyasar, District Sri Ganganagar for the offences punishable under Sections 8/15, 25, 29 of NDPS Act. He has preferred this fifth bail application under Section 439 Cr.P.C.
3. Mr. Kaushal Gautam, learned counsel appearing on behalf of the petitioner submits that the incident occurred on 17.10.2019 at about 7:20 PM when the petitioner was caught red-handed with the contraband, specifically 88.2 kg of Poppy Husk.
3.1 Learned counsel further submits that the statements of witnesses namely PW-1 Bhawani Singh, PW-2 Jai Kumar, PW-3 Suresh Kumar, PW-4 Bhoop Singh, PW-5 Hansraj, PW-6 Vinod Kumar S/o Sahab Ram, PW-7 Durgadutt, PW-8 Sandeep Kumar, PW-9 Vinod Kumar S/o Mahaveer Prasad, PW-10 Bablu, PW-11 Rajendra Prasad & PW-12 Bhanwar Lal have been recorded, but still the trial is likely to take long time.
3.2 Learned counsel also submits that the petitioner has already been in custody for more than five years, as evident from the custody report submitted by the learned Public Prosecutor, indicates an actual custody of 05 years, 01 month and 15
Prolonged incarceration exceeding five years may justify bail under Section 439 Cr.P.C. despite statutory restrictions.
Prolonged incarceration and pending trial can justify bail even under stringent conditions of the NDPS Act.
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
Prolonged incarceration can justify bail despite statutory restrictions under the NDPS Act, emphasizing the right to a speedy trial.
Custody duration and lack of trial progress can lead to bail grant despite statutory restrictions under the NDPS Act.
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....
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