HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
Bhimgar – 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.154/2020 registered at Police Station Marwar Junction, Pali for offences under Section 8/15 of the NDPS Act.
2. Learned counsel submitted that as per the prosecution, during nakabandi, on 17.06.2020, a team of Police Station Marwar Junction apprehended one Swift Car having registration No.GJ-02- BD-6179 which was being driven by the petitioner- Rekhagar S/o Sh. Meghagar. On search being made, the team recovered contraband (poppy husk/straw) weighing 103 Kgs. The petitioner was 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 17.06.2020. They further submitted that till date, out of total 21 cited prosecution witnesses, only 13 prosecution witnesses have been examined before competent Criminal Court. He further submitted that the delay in trial is not at all attributable to the petitioners. He submitted that the petitioners are in judicial custody since last mor
Prolonged incarceration without trial may justify the granting of bail under Section 439, emphasizing the right to a speedy trial.
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 pre-trial detention without significant progress in prosecution can justify bail under the NDPS Act, emphasizing the importance of timely trials.
Prolonged incarceration and lack of witness examination can justify bail under the NDPS Act, overriding statutory restrictions.
Prolonged incarceration and slow trial progress can justify bail under Section 439 Cr.P.C., provided it does not prejudice the trial.
Prolonged incarceration without trial progress can justify bail under Section 439 Cr.P.C.
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.
Extended judicial custody without trial and lack of evidence of possession justify bail under Section 439 Cr.P.C.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.