FARJAND ALI
Anil Kumar, S/o. Omprakash – Appellant
Versus
State Of Rajasthan, Through Pp – Respondent
ORDER :
(Farjand Ali, J.)
1. The jurisdiction of this Court has been invoked by way of filing the instant 3rd 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 | 379/2021 |
| 2. | Concerned Police Station | Sangariya |
| 3. | District | Hanumangarh |
| 4. | Offences alleged in the FIR | Section 8/22 of the NDPS Act |
| 5. | Offences added, if any | Section 8/29 of the NDPS Act |
| 6. | Date of passing of impugned order | 10.10.2024 |
2. The first and second bail applications being SBCRLMB Nos.4114/2022 & 6417/2024 were dismissed by this Court vide orders dated 14.12.2023 & 29.05.2024. While deciding the 2nd bail application, this Court directed the trial to record the statement of Seizing Officer on priority basis. Now, the Seizing Officer has been examined. Hence, the instant bail application.
3. Briefly stated that facts of the case are that on 17.07.2021, while on patrolling duty, Vijay Kumar, SHO, PS Sangariya upon suspicion when Anil Kumar was being searched, 70 strips co
A Convict Prisoner v. State reported in 1993 CrLJ 3242
Abdul Rehman Antulay v. R.S. Nayak reported in (1992) 1 SCC 225
Gudikanti Narasimhulu & Ors. v. Public Prosecutor
Gurbaksh Singh Sibba v. State of Punjab reported in (1980) 2 SCC 565
Hussainara Khatoon v. Home Secy.
Javed Gulam Nabi Shaikh Vs. State of Maharashtra & Anr.
Kadra Pahadiya & Ors. v. State of Bihar reported in (1981) 3 SCC 671
Mohd Muslim @ Hussain v. State (NCT of Delhi) reported in 2023 INSC 311
Satender Kumar Antil v. Central Bureau of Investigation
Union of India v. K.A. Najeeb reported in (2021) 3 SCC 713
V. Senthil Balaji Vs. The Deputy Director, Directorate of Enforcement
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, 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; prolonged detention without trial violates the accused's rights, warranting bail.
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.
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, necessitating bail for accused-petitioners.
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 a speedy trial is fundamental, and indefinite incarceration without trial violates Article 21 of the Constitution.
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