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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Kuldeep Mathur, J
SURENDRA SINGH – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
KULDEEP MATHUR, J.
1.These applications for bail under Section 439 Cr.P.C. have been filed by the petitioners who have been arrested in connection with FIR No.36/2022 registered at Police Station Chitalwana, District Jalore, for offences punishable under Sections 8/15 and 25 of the NDPS Act and Section 201 of IPC.
2. Learned counsel submitted that as per the prosecution, during nakabandi, on 13.02.2022, a team of Police Station Chitalwana recovered contraband (poppy husk/straw) weighing 112 kgs. from the petitioners. They were arrested on the spot.
3. Learned counsel for the petitioners submitted that the petitioners have been falsely implicated in this case. Learned counsel submitted that the petitioners are in judicial custody since 14.02.2022. They further submitted that out of total 16 cited prosecution witnesses, only 5 prosecution witnesses have been examined before competent Criminal Court. They further submitted that the delay in trial is not at all attributable to the petitioners. They submitted that the petitioners are in judicial custody since last more than 3 years and looking to the pace at which trial is being conducted against the present petitioners, the same is
Prolonged incarceration and insufficient trial progress can justify the grant of bail under Section 439 of the Cr.P.C.
Prolonged incarceration without trial may justify the granting of bail under Section 439, emphasizing the right to a speedy trial.
Prolonged incarceration without timely trial is a substantial factor for granting bail, regardless of the nature of charges.
Prolonged incarceration and slow trial progress can justify bail under Section 439 Cr.P.C., provided it does not prejudice the trial.
Prolonged pre-trial detention without significant progress in prosecution can justify bail under the NDPS Act, emphasizing the importance of timely trials.
Prolonged incarceration without trial progress can justify bail under Section 439 Cr.P.C.
Prolonged incarceration and lack of witness examination can justify bail under the NDPS Act, overriding statutory restrictions.
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.
Custody duration and lack of trial progress can lead to bail grant despite statutory restrictions under the NDPS Act.
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