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FARJAND ALI
Allarakha S/o Sahid Khan – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. The jurisdiction of this Court has been invoked by way of filing the instant bail application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein-below:
| S. No. | Particulars of the Case | |
| 1. | FIR Number | 228/2022 |
| 2. | Concerned Police Station | Suratgarh City |
| 3. | District | Sri Ganganagar |
| 4. | Offences alleged in the FIR | Sections 8/21, 22, 25 and 29 of the NDPS Act |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order | 03.01.2024 |
2. Briefly stated, facts of the case are that on 12.05.2022 at 05.40 p.m. Mr. Motaram, SI, Officiating SHO, Police Station Suratgarh with his team intercepted a Swift car on the road going from Manaksar to Vijaynagar near DPS School. In the said car bearing registration No. RJ-44-CA-0416 two persons, namely, Allarakha and Salim Khan were sitting. On search being conducted, 18 grams smack and 2000 number of Tramadol HCE SR 100 mg TMD-100 SR having weight 642 grams were recovered from their possession, upon which the accused were arrested and after usual investigation,
The right to a speedy trial is fundamental, and prolonged detention without trial infringes upon this right, warranting bail.
The right to a speedy trial is fundamental, and prolonged detention without trial violates the accused's rights, warranting bail.
The right to a speedy trial is fundamental; prolonged detention without trial violates the accused's rights, warranting bail.
The right to a speedy trial is fundamental, and prolonged detention without trial violates Article 21 of the Constitution.
An accused's right to a speedy trial is paramount, and prolonged incarceration without trial infringes upon fundamental rights.
Indefinite incarceration without trial violates the right to a speedy trial and the presumption of innocence, necessitating bail under Section 439 CrPC.
Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of NDPS Act, given imperative of Section 436A of Cr.P.C., which is applicable to offences under NDPS Act t....
The right to speedy trial under Article 21 can override stringent bail conditions in the NDPS Act, especially when an accused has faced prolonged incarceration without trial.
The right to a speedy trial is a constitutional guarantee, and prolonged detention without trial constitutes a violation of Article 21, warranting bail even in cases involving commercial quantities o....
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