Back
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
SWAROOPARAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
ORDER :
KULDEEP MATHUR, J.
1.This application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with FIR No.177/2022 registered at Police Station Sedwa, District Barmer, for offences under Sections 8/15, 25, 29 of the NDPS Act; Sections 420, 467, 468, 471, 379/411 of IPC and Sections 3/25 of Arms Act.
2. Learned counsel submitted that as per the prosecution, acting on an information, on 07.08.2022, a team of Police Station Jhanwar apprehended an unnumbered Scorpio car and detained two persons who disclosed their name to be Chokha Ram and Swarooparam. On a search of the offending vehicle being made, the team recovered contraband (poppy husk/straw) weighing 80 Kgs., a country made pistol and three live cartridges in a magazine and both the accused fled away from the scene.
3. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case. Learned counsel submitted that the petitioner is in judicial custody since 17.05.2023. He further submitted that till date, out of total 27 cited prosecution witnesses, only 2 prosecution witnesses have been examined before competent Criminal Court. He further
Prolonged pre-trial detention without significant progress in prosecution can justify bail under the NDPS Act, emphasizing the importance of timely trials.
Prolonged incarceration and insufficient trial progress can justify the grant of bail under Section 439 of the Cr.P.C.
Prolonged incarceration without timely trial is a substantial factor for granting bail, regardless of the nature of charges.
Prolonged incarceration without trial may justify the granting of bail under Section 439, emphasizing the right to a speedy trial.
Prolonged incarceration and lack of witness examination can justify bail under the NDPS Act, overriding statutory restrictions.
The court emphasized that prolonged incarceration and slow trial progress can justify granting bail, irrespective of the case's merits.
Prolonged incarceration without trial progress can justify bail under Section 439 Cr.P.C.
Prolonged judicial custody and lack of prosecution witness examination justify granting bail under the NDPS Act.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
