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FARJAND ALI
Sanwarmal S/o Shri Shankarlal Kalal – Appellant
Versus
Union Of India, Through Pp – Respondent
ORDER :
1. The jurisdiction of this Court has been invoked by way of filing the instant second 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 | VIII(IO)04/NCB/JZU/2021 |
| 2. | Concerned Police Station | NCB Jodhpur. |
| 3. | District | Jodhpur |
| 4. | Offences alleged in the FIR | Under Sections 8/18, 8/25 & 8/29 of the NDPS Act |
| 5. | Offences added, if any | -- |
| 6. | Date of passing of impugned order | 21.03.2024 |
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Special Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.
4. I have con
An accused's right to a speedy trial is paramount, and prolonged incarceration without trial infringes upon fundamental rights.
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, 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 Article 21 of the Constitution.
The right to a speedy trial is fundamental; prolonged detention without trial violates the accused's rights, warranting bail.
Indefinite incarceration without trial violates the right to a speedy trial and the presumption of innocence, necessitating bail under Section 439 CrPC.
The right to a speedy trial is a fundamental right under Article 21, and prolonged detention without trial violates this right.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, warranting bail.
The right to a speedy trial is fundamental, and indefinite detention without trial violates constitutional guarantees, necessitating bail for accused-petitioners.
The right to a speedy trial is fundamental under Article 21, and prolonged incarceration without trial violates this right, warranting the grant of bail.
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